Colorado Republican Federal Campaign Comm. v. Federal Election Comm'n, 518 U.S. 604, 4 (1996)

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Cite as: 518 U. S. 604 (1996)

Syllabus

Justice Thomas also concluded in Part II that, in resolving the facial challenge, the Buckley framework should be rejected because there is no constitutionally significant difference between campaign contributions and expenditures: Both involve core expression and basic associational rights that are central to the First Amendment. Curbs on such speech must be strictly scrutinized. See, e. g., Federal Election Comm'n v. National Conservative Political Action Comm., 470 U. S. 480, 501. Section 441a(d)(3)'s limits on independent and coordinated expenditures fail strict scrutiny because the statute is not narrowly tailored to serve the compelling governmental interest in preventing the fact or appearance of "corruption," which this Court has narrowly defined as a "financial quid pro quo: dollars for political favors," id., at 497. Contrary to the Court's ruling in Buckley, supra, at 28, bribery laws and disclosure requirements present less restrictive means of preventing corruption than does § 441a(d)(3), which indiscriminately covers many conceivable instances in which a party committee could exceed spending limits without any intent to extract an unlawful commitment from a candidate. Pp. 640-644.

Breyer, J., announced the judgment of the Court and delivered an opinion, in which O'Connor and Souter, JJ., joined. Kennedy, J., filed an opinion concurring in the judgment and dissenting in part, in which Rehnquist, C. J., and Scalia, J., joined, post, p. 626. Thomas, J., filed an opinion concurring in the judgment and dissenting in part, in which Rehnquist, C. J., and Scalia, J., joined as to Parts I and III, post, p. 631. Stevens, J., filed a dissenting opinion, in which Ginsburg, J., joined, post, p. 648.

Jan Witold Baran argued the cause for petitioners. With him on the briefs were Thomas W. Kirby, Carol A. Laham, and Michael E. Toner.

Solicitor General Days argued the cause for respondent. With him on the brief were Deputy Solicitor General Bender, Malcolm L. Stewart, Lawrence M. Noble, Richard B. Bader, and Rita A. Reimer.*

*Briefs of amici curiae urging reversal were filed for the American Civil Liberties Union et al. by David H. Remes, David H. Miller, Arthur B. Spitzer, Steven R. Shapiro, Joel M. Gora, and Arthur N. Eisenberg; for the Democratic National Committee et al. by Joseph E. Sandler and Robert F. Bauer; for the National Right to Life Committee, Inc., by James Bopp, Jr., and Richard E. Coleson; and for the Washington Legal

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