McIntyre v. Ohio Elections Comm'n, 514 U.S. 334, 51 (1995)

Page:   Index   Previous  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  Next

384

McINTYRE v. OHIO ELECTIONS COMM'N

Scalia, J., dissenting

U. S. 1 (1976), we upheld provisions of the Federal Election Campaign Act that required private individuals to report to the Federal Election Commission independent expenditures made for communications advocating the election or defeat of a candidate for federal office. Id., at 80. Our primary rationale for upholding this provision was that it served an "informational interest" by "increas[ing] the fund of information concerning those who support the candidates." Id., at 81. The provision before us here serves the same informational interest, as well as more important interests, which I have discussed above. The Court's attempt to distinguish Buckley, see ante, at 356, would be unconvincing, even if it were accurate in its statement that the disclosure requirement there at issue "reveals far less information" than requiring disclosure of the identity of the author of a specific campaign statement. That happens not to be accurate, since the provision there at issue required not merely "[d]isclosure of an expenditure and its use, without more." Ante, at 355. It required, among other things:

"the identification of each person to whom expenditures have been made . . . within the calendar year in an aggregate amount or value in excess of $100, the amount, date, and purpose of each such expenditure and the name and address of, and office sought by, each candidate on whose behalf such expenditure was made." 2 U. S. C. § 434(b)(9) (1970 ed., Supp. IV) (emphasis added).

See also 2 U. S. C. § 434(e) (1970 ed., Supp. IV). (Both reproduced in Appendix to Buckley, supra, at 158, 160.) Surely in many if not most cases, this information will readily permit identification of the particular message that the would-be-anonymous campaigner sponsored. Besides which the burden of complying with this provision, which includes the filing of quarterly reports, is infinitely more onerous than Ohio's simple requirement for signature of

Page:   Index   Previous  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  Next

Last modified: October 4, 2007