at 777 (footnote omitted). 65 (Sept. 9, 2009).

Austin interferes with the “open marketplace” of ideas protected by the First Amendment. . , at 487 (opinion of .

Soon, however, it may be that Internet sources, such as blogs and social networking Web sites, will provide citizens with significant information about political candidates and issues. 2d, at 279.

McConnell Const., Art. Like seven and eight-figure donations from people like casino magnate and billionaire Sheldon Adelson who, with his family, has given about $40 million to so-called “super PACs,” formed in the wake of the decision? Brief for Appellee 16 (citing FEC statistics placing this figure at $840 million).

The holding and validity of Austin were essential to the reasoning of the McConnell majority opinion, which upheld BCRA’s extension of §441b.

Congress may “legitimately conclude that the avoidance of the appearance of improper influence is also critical … if confidence in the system of representative Government is not to be eroded to a disastrous extent.” Ibid. is being held within 30 days.” §100.29(b)(3)(ii). 1369, 1369, and n. 1 (1994) (noting that Austin’s rationale was based on equalizing political speech); Ashdown, Controlling Campaign Spending and the “New Corruption”: Waiting for the Court, 44 Vand. National Railroad Passenger Corporation 137–138 (1961) Wisconsin Right to Life, Inc. The decision to speak is made in the heat of political campaigns, when speakers react to messages conveyed by others. 528 U. S. 377, See, e.g., 2 S. Johnson, Dictionary of the English Language 1853–1854 (4th ed. Yet certain disfavored associations of citizens—those that have taken on the corporate form—are penalized for engaging in the same political speech. It is with regret rather than satisfaction that I can now say that time has borne out my concerns. See also, e.g., R. Hasen, The Supreme Court and Election Law: Judging Equality from Baker v. Carr to Bush v. Gore 114 (2003) (“Austin represents the first and only case [before McConnell] in which a majority of the Court accepted, in deed if not in word, the equality rationale as a permissible state interest”); Strauss, Corruption, Equality, and Campaign Finance Reform, 94 Colum.

Post, at 40, n. 56. Under the Bipartisan Campaign Reform Act of 2002 (BCRA), it could have used those assets to televise and promote Hillary: The Movie wherever and whenever it wanted to. For the reasons explained above, we now conclude that independent expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption. 2d 176, 557–558, 623–624 (DC 2003) (opinion of Kollar-Kotelly, J. 551 U. S., at 469–476 (opinion of Roberts, C. Village of Stratton J.

The Court’s reliance is odd. Kennedy First Amendment standards “must eschew ‘the open-ended rough-and-tumble of factors,’ which ‘invit[es] complex argument in a trial court and a virtually inevitable appeal.’ ” 551 U. S., at 469 (opinion of In correctly explaining why it must address the facial constitutionality of §203, see ante, at 5–20, the Court recognizes that “[t]he First Amendment does not permit laws that force speakers to … seek declaratory rulings before discussing the most salient political issues of our day,” ante, at 7; that as-applied challenges to §203 “would require substantial litigation over an extended time” and result in an “interpretive process [that] itself would create an inevitable, pervasive, and serious risk of chilling protected speech pending the drawing of fine distinctions that, in the end, would themselves be questionable,” ante, at 9–10; that “a court would be remiss in performing its duties were it to accept an unsound principle merely to avoid the necessity of making a broader ruling,” ante, at 12; and that avoiding a facial challenge to §203 “would prolong the substantial, nation-wide chilling effect” that §203 causes, ante, at 16.

, at 257). If taken seriously, Austin’s logic would apply most directly to newspapers and other media corporations. J.). So far in the 2011-2012 election cycle, super PACs have spent $378 million, while non-disclosing nonprofits have spent $171 million, at times praising, but mostly badmouthing candidates, according to figures compiled by the Center for Responsive Politics. , 251 F. Supp. And the narrator reiterates the movie’s message in his closing line: “Finally, before America decides on our next president, voters should need no reminders of … what’s at stake—the well being and prosperity of our nation.” As a result, the section of the Bipartisan Campaign Reform Act that banned independent expenditures by corporations and unions was unconstitutional. If there were a valid basis for deciding this statutory claim in Citizens United’s favor (and thereby avoiding constitutional adjudication), it would be proper to do so. ), at such a high level of generality that the historical understandings of the Amendment cease to be a meaningful constraint on the judicial task. [Footnote 40].

Because the informational interest alone is sufficient to justify application of §201 to these ads, it is not necessary to consider the Government’s other asserted interests. Buckley Scalia, J., Bank of Boston v. Bellotti, 435 U. S. 765, 819 (1978). ; It never shows why “the freedom of speech” that was the right of Englishmen did not include the freedom to speak in association with other individuals, including association in the corporate form. Most of its funds are from donations by individuals; but, in addition, it accepts a small portion of its funds from for-profit corporations. The majority and dissent are united in expressing allegiance to these principles. 11 CFR §114.15; Brief for Wyoming Liberty Group et al. Id. The lower-court case used the Citizens United case as precedent when it said that limits on contributions to groups that make independent expenditures are unconstitutional. The holding of McConnell rested to a large extent on an earlier case, Austin v. Michigan Chamber of Commerce, 494 U. S. 652 (1990).

Citizens United next challenges BCRA’s disclaimer and disclosure provisions as applied to See ; Our precedent is to be respected unless the most convincing of reasons demonstrates that adherence to it puts us on a course that is sure error. It badly errs both in explaining the nature of these rationales, which overlap and complement each other, and in applying them to the case at hand. In the District Court, Citizens United initially raised a facial challenge to the constitutionality of §203. These considerations counsel in favor of rejecting Austin, which itself contravened this Court’s earlier precedents in Buckley and Bellotti. Starting today, corporations with large war chests to deploy on electioneering may find democratically elected bodies becoming much more attuned to their interests. , C. When 3. Sabri When large numbers of citizens have a common stake in a measure that is under consideration, it may be very difficult for them to coordinate resources on behalf of their position. McConnell Hillary Nor should we. But see Supp. Lovell None of this is to say that the Government is barred from making new arguments to support the outcome in Austin. First Amendment rights from any group—labor or corporate.” Many corporate independent expenditures, it seemed, had become essentially interchangeable with direct contributions in their capacity to generate quid pro quo arrangements. Ante, at 9. There is yet another way in which laws such as §203 can serve First Amendment values. As the Court’s opinion describes, ante, at 36, our jurisprudence agrees with Noah Webster and contradicts the dissent. “ ‘First Amendment freedoms need breathing space to survive.’ ” WRTL, supra, at 468–469 (opinion of Roberts, C. There was a wide range of intense reactions to the decision, which was viewed as a watershed moment in First Amendment jurisprudence. If The case for stare decisis may be bolstered, we have said, when subsequent rulings “have reduced the impact” of a precedent “while reaffirming the decision’s core ruling.” Dickerson v. United States, 530 U. S. 428, 443 (2000). 159 (codified at 2 U. S. C. §251 (1946 ed., Supp. By striking down §203, the Court takes an important first step toward restoring full constitutional protection to speech that is “indispensable to the effective and intelligent use of the processes of popular government.” McConnell v. Federal Election Comm’n, 540 U. S. 93, 265 (2003) (Thomas, J., concurring in part, concurring in judgment in part, and dissenting in part) (internal quotation marks omitted). That inquiry into the facial validity of the statute was facilitated by the extensive record, which was “over 100,000 pages” long, made in the three-judge District Court.

The law’s exception for media corporations is, on its own terms, all but an admission of the invalidity of the antidistortion rationale. Citizens United desired to promote the video-on-demand offering by running advertisements on broadcast and cable television. ,

But archetypical political speech would be chilled in the meantime. Chicago Park Dist. [Footnote 16] It is meant to show that there were principled, narrower paths that a Court that was serious about judicial restraint could have taken. For almost three decades thereafter, the Court did not reach the question whether restrictions on corporate and union expenditures are constitutional. Presumably it would find textual difficulties in this approach too.

See Turner Broadcasting System, Inc. v. FCC, 512 U. S. 622, 639 (1994). The difference is that the statute at issue in Bellotti smacked of viewpoint discrimination, targeted one class of corporations, and provided no PAC option; and the State has a greater interest in regulating independent corporate expenditures on candidate elections than on referenda, because in a functioning democracy the public must have faith that its representatives owe their positions to the people, not to the corporations with the deepest pockets. ’s holding was limited to the rule that the judge must be recused, not that the litigant’s political speech could be banned. v.

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