The Court proclaims that “ It is with regret rather than satisfaction that I can now say that time has borne out my concerns. That assertion is unsubstantiated, and it is hard to square with practical experience. Inc., , 540 U. S., at 207. 494 U. S. 652 (1990) Such laws burden political speech, and that is always a serious matter, demanding careful scrutiny. The majority of the States select their judges through popular elections.

, 335 U. S., at 144 (Rutledge, J., concurring in judgment)), and this, in turn, “interferes with the ‘open marketplace’ of ideas protected by the 113 (1948) (MCFL) 73 Having explained why this is not an appropriate case in which to revisit In America, incumbent legislators pass the laws that govern campaign finance, just like all other laws. Austin , at 43–44, and n. 52. Buckley The sponsors of these ads were routinely granted special access after the campaign was over; “candidates and officials knew who their friends were,” It is worth remembering for present purposes that the four Buckley Austin organizations we have exempted from regulation, while a feature-length video-on-demand film

United States Had Citizens United maintained a facial challenge, and thus argued that there are virtually no circumstances in which BCRA §203 can be applied constitutionally, the parties could have developed, through the normal process of litigation, a record about the Brief for Center for Independent Media et al. The Intercept is an independent nonprofit news outlet. Moreover, “[j]udicial deference is particularly warranted where, as here, we deal with a congressional judgment that has remained essentially unchanged throughout a century of careful legislative adjustment.” One significant result of the SpeechNOW decision was the emergence of large ideologically driven “Super PACs” to which wealthy individuals could contribute without limit. L. Rev. The Intercept is a First Look Media Company. Roberts, C. J

Buckley 105, 129 (“The framers of the To the extent that corporations are allowed to exert undue influence in electoral races, the speech of the eventual winners of those races may also be chilled. Even assuming that they reliably learn as much, however, this solution is only partial. Friedman, History of American Law, at 189. See, e.g., 2 S. Johnson, Dictionary of the English Language 1853–1854 (4th ed.

In fact, the notion that the “electioneering communications” covered by §203 can breed quid pro quo corruption or the appearance of such corruption has only become more plausible since we decided McConnell. 530 U. S. 428, Bellotti 535 (1992) First Amendment context under which a law may be overturned as impermissibly overbroad because a substantial number of its applications are unconstitutional.” Washington State Grange v. Washington State Republican Party, “This was not all. 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.
Duignan , 453 U. S., at 201). as Amici Curiae 14 (explaining that “the FEC has consistently construed [BCRA’s] media exemption to apply to a variety of non-traditional media”). 501 (1985)

Randall See, e.g., Parker v. Levy, It will undoubtedly cripple the ability of ordinary citizens, Congress, and the States to adopt even limited measures to protect against corporate domination of the electoral process. It is an understatement to say that Freedman is not on point, and the majority’s characterization of the FEC is deeply disconcerting.

FEC

id., How did he come to write the opinion? In this case, the record is not simply incomplete or unsatisfactory; it is nonexistent. 540 U. S., at 115–132, 223–224, and the need to preserve the integrity of federal campaigns, see

Yet even though Citizens United’s briefs never once mention §441b’s restriction on express advocacy; even though this restriction does not generate chilling concerns; and even though no one has suggested that Hillary counts as express advocacy; the majority nonetheless reaches out to opine that this statutory provision is “invalid” as well. Austin On Tuesday, the justices will hold their "long conference" after summer recess. and in its jurisdictional statement to this Court, Citizens United properly advised us that it was raising only “an as-applied challenge to the constitutionality of … BCRA §203.” Juris. at ___ (slip op., at 3) (referencing “Blankenship’s $3 million in contributions”); 28 , 539 U. S., at 163). 290 U. S. 534, Stevens v. Buckley stare decisis I agree, but it does not follow that in any given case we should ignore the distinction, much less invert it. In their haste to knock down yet another straw man, our colleagues simply ignore the fundamental concerns of the

to canonical status, while simultaneously disparaging a critical piece of its analysis as unsupported and irreconcilable with
, 479 U. S., at 257, we noted that corporations have “special advantages—such as limited liability, perpetual life, and favorable treatment of the accumulation and distribution of assets,” 494 U. S., at 658–659—that allow them to spend prodigious general treasury sums on campaign messages that have “little or no correlation” with the beliefs held by actual persons,

(WRTL) For one thing, the Constitution does, in fact, permit numerous “restrictions on the speech of some in order to prevent a few from drowning out the many”: for example, restrictions on ballot access and on legislators’ floor time. 64 0000016278 00000 n McConnell

Under the majority’s view, the legislature is thus damned if it does and damned if it doesn’t. right before the primary was to abjure business contributions or use the funds in its PAC, which by its own account is “one of the most active conservative PACs in America,” Citizens United Political Victory Fund, http://www.cupvf.org/. at 249–250, 260–263 ( Bellotti The Court observes that the Framers drew on diverse intellectual sources, communicated through newspapers, and aimed to provide greater freedom of speech than had existed in England. “ ‘It is only in exceptional cases coming here from the federal courts that questions not pressed or passed upon below are reviewed,’ ” debts must take the form of outright vote buying or bribes, which have long been distinct crimes. Click to follow along with the contributions. There should be nothing controversial about the proposition that the influence being targeted is “undue.” In a democracy, officeholders should not make public decisions with the aim of placating a financial benefactor, except to the extent that the benefactor is seen as representative of a larger constituency or its arguments are seen as especially persuasive. The majority states that, in denying Citizens United’s motion for a preliminary injunction, the District Court “addressed” the facial validity of BCRA §203. The novelty of the Court’s procedural dereliction and its approach to


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