Nixon v. Shrink Missouri Government PAC, 528 U.S. 377, 53 (2000)

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

Thomas, J., dissenting

sure laws. See Mo. Rev. Stat. §§ 130.041, 130.046, 130.057 (Supp. 1999).

In the end, contribution limitations find support only in the proposition that other means will not be as effective at rooting out corruption. But when it comes to a significant infringement on our fundamental liberties, that some undesirable conduct may not be deterred is an insufficient justification to sweep in vast amounts of protected political speech. Our First Amendment precedents have repeatedly stressed this point. For example, in Martin v. City of Struthers, supra, we struck down an ordinance prohibiting door-to-door distribution of handbills. Although we recognized that "burglars frequently pose as canvassers," id., at 144, we also noted that door-to-door distribution was "useful [to] members of society engaged in the dissemination of ideas in accordance with the best tradition of free discussion," id., at 145. We then struck down the ordinance, observing that the "dangers of distribution can so easily be controlled by traditional legal methods." Id., at 147. Similarly, in Riley v. National Federation of Blind of N. C., Inc., 487 U. S. 781 (1988), we struck down a law regulating the fees charged by professional fundraisers. In response to the assertion that citizens would be defrauded in the absence of such a law, we explained that the State had an antifraud law which "we presume[d] that law enforcement officers [we]re ready and able to enforce," id., at 795, and that the State could constitutionally require fundraisers to disclose certain financial information, ibid. We concluded by acknowledging the obvious consequences of the narrow tailoring requirement: "If this is not the most efficient means of preventing fraud, we reaffirm simply and emphatically that the First Amendment does not permit the State to sacrifice speech for efficiency." Ibid. See also, e. g., Schneider v. State (Town of Irvington), 308 U. S. 147, 162 (1939) ("There are obvious methods of preventing littering. Amongst these is the punishment of those who actually throw papers on the streets").

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