Colorado Republican Federal Campaign Comm. v. Federal Election Comm'n, 518 U.S. 604, 26 (1996)

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

Opinion of Kennedy, J.

date does not fit within our description of "contributions" in Buckley. In my view, we should not transplant the reasoning of cases upholding ordinary contribution limitations to a case involving FECA's restrictions on political party spending.

The First Amendment embodies a "profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open." New York Times Co. v. Sullivan, 376 U. S. 254, 270 (1964). Political parties have a unique role in serving this principle; they exist to advance their members' shared political beliefs. See, e. g., Eu v. San Francisco County Democratic Central Comm., 489 U. S. 214 (1989); Sweezy v. New Hampshire, 354 U. S. 234, 250 (1957). Cf. Morse v. Republican Party of Va., 517 U. S. 186, 250-251 (1996) (Kennedy, J., dissenting). A party performs this function, in part, by "identify[ing] the people who constitute the association, and . . . limit[ing] the association to those people only." Democratic Party of United States v. Wisconsin ex rel. La Follette, 450 U. S. 107, 122 (1981). Having identified its members, however, a party can give effect to their views only by selecting and supporting candidates. A political party has its own traditions and principles that transcend the interests of individual candidates and campaigns; but in the context of particular elections, candidates are necessary to make the party's message known and effective, and vice versa.

It makes no sense, therefore, to ask, as FECA does, whether a party's spending is made "in cooperation, consultation, or concert with" its candidate. The answer in most cases will be yes, but that provides more, not less, justification for holding unconstitutional the statute's attempt to control this type of party spending, which bears little resemblance to the contributions discussed in Buckley. Supra, at 627-628 and this page. Party spending "in cooperation, consultation, or concert with" its candidates of necessity "communicate[s] the underlying basis for the support," 424 U. S., at 21, i. e., the hope

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