Also known as:sponsores · sponsorship · surety · guarantor
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
in suretyship law
A secondary obligor who undertakes to answer for the debt or default of another. The obligation arises when the sponsor manifests an intention to confer a right on the beneficiary and the beneficiary reasonably relies on that promise.
2
Sense 1
1
in suretyship law
A secondary obligor who undertakes to answer for the debt or default of another. The obligation arises when the sponsor manifests an intention to confer a right on the beneficiary and the beneficiary reasonably relies on that promise.
Examples1
Work Product Protection for Sponsor Materials
Summit Bank retained Sterling Dynamics to prepare litigation strategy documents for an upcoming contract dispute. When Sierra Solutions sought those materials in discovery, the court applied the work product rule and denied production because the documents were prepared by or for a representative of Summit Bank in anticipation of litigation.
Frequently Asked
Sense 2
2
in legislative and election law
A person or entity that proposes or provides support for legislation or advocacy. The sponsor's identity may receive First Amendment protection when the support takes the form of electoral advocacy.
Examples5
Corporate Sponsorship of Advocacy
Sterling Dynamics funded a series of advertisements supporting a ballot measure. When the FEC sought to restrict the expenditures, the court held that the corporate sponsor's independent advocacy received full First Amendment protection regardless of the sponsor's identity.
A person or entity that proposes or provides support for legislation or advocacy. The sponsor's identity may receive First Amendment protection when the support takes the form of electoral advocacy.
Each sense below has its own examples, sources, and questions.
1
Does a sponsor's status as a secondary obligor require a writing under the statute of frauds?+
A sponsor's promise to answer for the debt of another is subject to the statute of frauds and must be evidenced by a signed writing unless the main purpose doctrine applies. The Restatement illustrations confirm that the sponsor's manifestation of intent must make reliance by the beneficiary reasonable and probable.
Citizens United v. Federal Election Commission558 U.S. 310, 352 (2010)
Legislative Sponsor of Campaign Finance Rules
Senator Simon Stern sponsored legislation limiting soft-money contributions by corporations. Challengers argued the restrictions violated the First Amendment, but the court upheld the provisions as applied to the sponsor's regulatory scheme.
McConnell v. Federal Election Commission540 U.S. 93, 226–27 (2003)
Sponsor of Private Bill for Deportation Relief
A member of Congress sponsored a private bill to suspend Jagdish Rai Chadha's deportation. When the House vetoed the suspension, the court ruled the one-house veto unconstitutional because the sponsor's legislative effort could not be overridden by a single chamber.
Immigration & Naturalization Service v. Jagdish Rai Chadha462 U.S. 919, 954 n. 16, 103 S.Ct. 2764, 2785 n. 16, 77 L.Ed.2d 317
Sponsor of Political Expenditure Limits
A candidate's committee sponsored spending caps on independent expenditures. The court struck down the limits because the sponsor could not constitutionally restrict the quantity of political speech by others.
Buckley v. Valeo424 U.S. 1, 93 (1976)
Sponsor of Private Association Message
The Boy Scouts sponsored a public message excluding a gay scoutmaster. When the scoutmaster sued under state antidiscrimination law, the court held that the sponsor's First Amendment right to control its expressive message prevailed.
Boy Scouts of America v. Dale530 U.S. 640 (2000)
Frequently Asked3
When does a corporate sponsor of electoral advocacy receive full First Amendment protection?+
A corporate sponsor receives full protection when it engages in independent electoral advocacy rather than coordinated expenditures. The Court in Citizens United held that the identity of the sponsor does not strip the speech of protection.
Can a sponsor of legislation be forced to defend a ballot measure on appeal after the government declines to do so?+
Private sponsors of a ballot measure lack appellate standing when they assert only a generalized interest in the measure's enforceability and suffer no personal concrete injury. The district court correctly denied standing in such circumstances.
Does a gratuitous easement granted for game-day overflow parking allow a sponsor to expand use to daily events?+
A gratuitous grant supports a narrower construction of the easement scope. The sponsor may not expand the use beyond game-day overflow parking because the lack of consideration weighs against reading the grant expansively.
410 U.S. 113 (1973)Constitutional Law
…history of the Fourteenth Amendment in its reliance on the "compelling state interest" test. See Weber v. Aetna Casualty & Surety Co. , 406 U. S. 164, 179 (1972) (dissenting opinion). But the Court adds a new wrinkle to this test by transposing it from the legal considerations associated with the Equal Protection…