214
Thomas, J., concurring in judgment
not sufficiently brief the question, I am willing to assume, for purposes of this opinion, that Colorado's interest in having this information made available to the press and its voters—before the initiative is voted upon, but not during circulation—is compelling. The reporting provision as modified by the courts below ensures that the public receives information demonstrating the financial support behind an initiative proposal before voting.
I recognize that in Buckley, although the Court purported to apply strict scrutiny, its formulation of that test was more forgiving than the traditional understanding of that exacting standard. The Court merely required that the disclosure provisions have a "substantial relation," 424 U. S., at 64, to a "substantial" government interest, id., at 68.7 (The majority appears to dilute Buckley's formulation even further, stating that Colorado's reporting requirement must be "substantially related to important governmental interests." Ante, at 202.) To the extent that Buckley suggests that we should apply a relaxed standard of scrutiny, it is inconsistent with our state election law cases that require the application of traditional strict scrutiny whenever a state law "severely burdens" association, and I would not adhere to it. I would nevertheless decide that the challenged portions of Colorado's disclosure law are unconstitutional as evaluated under the Buckley standard.
* * *
To conclude, I would apply strict scrutiny to each of the challenged restrictions, and would affirm the judgment of
7 I have previously noted that the Court in Buckley seemed more forgiving in its review of the contribution provisions than it was with respect to the expenditure rules at issue, even though we purported to strictly scrutinize both. Colorado Republican, 518 U. S., at 640, n. 7 (Thomas, J., concurring in judgment and dissenting in part).
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