Larry Householder v. United States
FirstAmendment Privacy
Is McCormick's requirement of a 'quid pro quo' satisfied when a political candidate accepts a political contribution knowing that the donor believes the candidate will take official action because of the contribution?
The First Amendment’s protection of political speech ensures that a political contribution will not constitute extortion under 18 U.S.C. § 1951 or honest services fraud under 18 U.S.C. §§ 1343, 1346 unless the candidate and donor make an “explicit” quid pro quo agreement that an official act is a condition for the acceptance of the contribution. McCormick v. United States , 500 U.S. 257 (1991). The question presented is: Is McCormick’s requirement of a “ quid pro quo ” satisfied when a political candidate accepts a political contribution knowing that the donor believes the candidate will take official action because of the contribution?