Nixon v. Shrink Missouri Government PAC, 528 U.S. 377, 37 (2000)

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Cite as: 528 U. S. 377 (2000)

Thomas, J., dissenting

A

To justify its decision upholding contribution limitations while striking down expenditure limitations, the Court in Buckley explained that expenditure limits "represent substantial rather than merely theoretical restraints on the quantity and diversity of political speech," 424 U. S., at 19, while contribution limits "entai[l] only a marginal restriction upon the contributor's ability to engage in free communication," id., at 20-21 (quoted ante, at 386). In drawing this distinction, the Court in Buckley relied on the premise that contributing to a candidate differs qualitatively from directly spending money. It noted that "[w]hile contributions may result in political expression if spent by a candidate or an association to present views to the voters, the transformation of contributions into political debate involves speech by someone other than the contributor." 424 U. S., at 21. See also California Medical Assn. v. Federal Election Comm'n, 453 U. S. 182, 196 (1981) (plurality opinion) ("[T]he 'speech by proxy' that [a contributor] seeks to achieve through its contributions . . . is not the sort of political advocacy that this Court in Buckley found entitled to full First Amendment protection").

But this was a faulty distinction ab initio because it ignored the reality of how speech of all kinds is disseminated:

"Even in the case of a direct expenditure, there is usually some go-between that facilitates the dissemination of the spender's message—for instance, an advertising agency or a television station. To call a contribution 'speech by proxy' thus does little to differentiate it from an expenditure. The only possible difference is that contributions involve an extra step in the proxy chain. But again, that is a difference in form, not substance." Colorado Republican, 518 U. S., at 638-639 (Thomas, J., concurring in judgment and dissenting in part) (citations omitted).

413

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