Cite as: 517 U. S. 186 (1996)
Scalia, J., dissenting
matter how race neutral in purpose and effect—unless it first obtains prior clearance by the Government, see Stevens, J., ante, at 203-207; Breyer, J., ante, at 237-239. Any change not precleared—after a proceeding in which the burden rests on the party to show absence of discriminatory purpose and effect, see City of Rome v. United States, 446 U. S. 156, 172-173, 183, n. 18 (1980)—can be enjoined. Given that political parties are organized with the near-exclusive purpose of influencing the outcomes of elections, I think it obvious that as construed today, § 5 requires political parties to submit for prior Government approval, and bear the burden of justifying, virtually every decision of consequence regarding their internal operations. That is the most outrageous tyranny. A freedom of political association that must await the Government's favorable response to a "Mother, may I?" is no freedom of political association at all.
There would be reason enough for astonishment and regret if today's judgment upheld a statute clearly imposing a prior restraint upon private, First Amendment conduct. But what makes today's action astonishing and regrettable beyond belief is that this Court itself is the architect of a prior restraint that the law does not clearly express. And here is yet another respect in which today's opinions ignore established law: their total disregard of the doctrine that, where ambiguity exists, statutes should be construed to avoid substantial constitutional questions. That has been our practice because we presume that "Congress, which also has sworn to protect the Constitution, would intend to err on the side of fundamental constitutional liberties when its legislation implicates those liberties." Regan v. Time, Inc., 468 U. S. 641, 697 (1984) (Stevens, J., concurring in judgment in part and dissenting in part). We have in the past relied upon this canon to construe statutes narrowly, so as not to impose suspect prior restraints. For example, in Lowe v. SEC, 472 U. S. 181 (1985), we held that a statute requiring all "investment advisors" to register with the
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