Richard begins his argument by explaining Florida Code of Conduct 7C(1). He asserts that 7C(1) is designed to “cut the direct link that creates the quid pro quo relationship” by preventing direct communication between judicial candidates and potential contributors. Richard argues that the Court recognized this interest in preventing quid pro quo corruption in the landmark campaign finance case Buckley v. Valeo and later in McConnell v. FEC.

Justice Scalia notes that under the Florida Code of Judicial Conduct, judicial candidates are allowed to send thank you notes to campaign contributors, so there is still direct communication between judicial candidates and contributors.