United States v. Harriss

In United States v. Harriss (1954) 347 U.S. 612, the United States Supreme Court recognized that Congress possesses a valid interest in determining who seeks to influence legislation, and therefore found no error with the Federal Regulation of Lobbying Act and its requirement that lobbyists report their lobbying receipts and expenditures. (Id. at pp. 625-626.) The Supreme Court reasoned that "legislative complexities are such that individual members of Congress cannot be expected to explore the myriad pressures to which they are regularly subjected. Yet full realization of the American ideal of government by elected representatives depends to no small extent on their ability to properly evaluate such pressures." (Id. at p. 625.) The California Supreme Court has also recognized the existence of this important government interest in Fair Political Practices Com. v. Superior Court (1979) 25 Cal.3d 33, 47 (FPPC), where the court acknowledged that the Harriss court found that "Congress has a valid interest in determining the source of voices seeking to influence legislation and could reasonably require the professional lobbyist to identify himself and disclose his lobbying activities," (FPPC, supra, 25 Cal.3d at p. 47) and that the court itself had in previous cases "upheld reasonable statutes requiring disclosure of financial activities of persons engaged in political processes." (Ibid.) In Harriss, the United States Supreme Court reviewed the constitutionality of portions of the Federal Regulation of Lobbying Act, which provided that " 'every person receiving any contributions or expending any money for the purposes designated' " in another portion of the Act to file a statement containing certain information, including the sum of expenditures and contributions made and information on the recipients of the expenditures and contributions. (Harriss, supra, 347 U.S. at p. 614, fn. 1.) Nonetheless, these requirements, as specified in a separate section of the Act, were made applicable only to those persons who " 'by himself, or through any agent or employee or other persons in any manner whatsoever, directly or indirectly, solicits, collects, or receives money or any other thing of value to be used principally to aid, or the principal purpose of which person is to aid, in the accomplishment of any of the following purposes: '(a) The passage or defeat of any legislation by the Congress of the United States. '(b) To influence, directly or indirectly, the passage or defeat of any legislation by the Congress of the United States.' " (Id. at pp. 618-619.) In short, "the solicitation, collection, or receipt of money or other thing of value is a prerequisite to coverage under the Act." (Id. at p. 619.)