Nixon v. Shrink Missouri Government PAC, 528 U.S. 377, 51 (2000)

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

Thomas, J., dissenting

Given the majority's ill-advised and illiberal aggregate rights approach, it is unsurprising that the Court's pro forma hunt for suppressed speech proves futile. See ante, at 395- 397. Such will always be the case, for courts have no yardstick by which to judge the proper amount and effectiveness of campaign speech. See, e. g., Smith, Faulty Assumptions and Undemocratic Consequences of Campaign Finance Reform, 105 Yale L. J. 1049, 1061 (1996). I, however, would not fret about such matters. The First Amendment vests choices about the proper amount and effectiveness of political advocacy not in the government—whether in the legislatures or the courts—but in the people.

IV

In light of the importance of political speech to republican government, Missouri's substantial restriction of speech warrants strict scrutiny, which requires that contribution limits be narrowly tailored to a compelling governmental interest. See Buckley v. American Constitutional Law Foundation, Inc., 525 U. S. 182, 207 (1999) (Thomas, J., concurring in judgment); Colorado Republican, 518 U. S., at 640-641 (Thomas, J., concurring in judgment and dissenting in part).

general elections for five statewide offices was cut by over half, falling from $21,599,000 to $9,337,000. See App. 24-28. Significantly, total primary election expenditures in each of the races decreased. Ibid. In fact, after contribution limits were imposed, overall spending in statewide primary elections plummeted 89 percent, falling from $14,249,000 to $1,625,000. Ibid. Most importantly, the majority does not bother to mention that before spending caps were enacted each of the 10 statewide primary elections was contested, with two to four candidates vying for every nomination in 1992. After caps were enacted, however, only 1 of the 10 primary elections was contested. Overall, the total number of candidates participating in statewide primaries fell from 32 to 11. See ibid. Even if these data do not conclusively show that Missouri's contribution limits diminish political speech (although it is undeniable that the data strongly suggest such a result), they at least cast great doubt on the majority's assumption that the picture is rosy.

427

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