Cite as: 517 U. S. 186 (1996)
Scalia, J., dissenting
238, and as to "which party nominating convention practices fall within the scope of the Act," ibid.2 Before today, this Court has not tolerated such uncertainty in rules bearing upon First Amendment activities, because it causes persons to refrain from engaging in constitutionally protected conduct for fear of violation. See, e. g., Baggett v. Bullitt, 377 U. S. 360, 372 (1964). Surely such an effect can be expected here. Party officials will at least abstain from proceeding with certain convention activities without notification; and in light of the high degree of uncertainty they may well decide to hold no conventions at all.
Another respect in which the Court today diverges from our free-speech jurisprudence is even more astounding, if possible, than its disregard of the doctrines of overbreadth and vagueness. From reading the majority's two opinions, one would surmise that the only constitutional question at issue is whether the First Amendment permits the Federal Government to make unlawful and set aside party rule changes designed to hinder racial minorities' full participation in election-related functions. But this statute does not present only that question, any more than a statute establishing a Board of Obscenity Censors, to which films or books must be submitted for approval before publication, presents only the question whether the First Amendment permits the prohibition of obscenity. See, e. g., Freedman v. Maryland,
2 Justice Breyer apparently thinks that the First Amendment concerns raised by appellees are minimal because many activities engaged in by a party at its convention "are very likely not subject to preclearance." Ante, at 238. Of course, a mere "very likelihood" that failure to preclear a particular activity will not result in nullification of the work of the convention is hardly sufficient to induce a party organizer to take the chance. In any event, I find curious the proposition that certain subsidiary determinations of the convention, such as " 'adoption of resolutions or platforms outlining the philosophy [of the Party],' " ibid., are not subject to Government oversight, whereas the determination of who may attend the convention—upon which all else depends—is subject to Government oversight. That is a good bargain for the tyrant.
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