KEEP THE LID OFF CAMPAIGN CONTRIBUTIONS

In what may eventually become historic precedent, a federal appeals court has temporarily set aside Missouri's campaign contributions limit for state offices. The decision by a three-judge panel of the 8th U.S. Circuit Court of Appeals means candidates for the Legislature and state auditor may accept contributions above the limits set by state law. Pursuant to a 1994 law passed by the General Assembly, limits were established at $1,075 for statewide offices, $525 for Missouri Senate seats and $275 for Missouri House seats. The case was brought by Zev David Fredman of University City, a Republican candidate for state auditor.

The three-judge panel said in the temporary injunction ruling: "We conclude there is a strong likelihood that appellants will prevail when the case is heard on the merits. All campaign contribution limits restrict political speech, and thus they implicate the First Amendment." The appeals panel scheduled oral arguments on the case for Aug. 21 and said a "final decision on the merits will not be long delayed." The judges wrote in part that "the limits work to restrict Fredman from garnering sums necessary to promote his campaign for auditor and to deliver his political message."

No matter how they rule then, Attorney General Jay Nixon says he will appeal the ruling of the three-judge panel to the full 8th Circuit Court. It is likely that no matter how that panel rules, the case will then go by appeal to the U.S. Supreme Court.

We agree with the 8th Circuit panel's decision and hope it is upheld on appeal. At stake is the capacity of candidates to engage in constitutionally protected speech -- the very currency of election campaigns in a free society.