Cite as: 533 U. S. 431 (2001)
Thomas, J., dissenting
(deposition of John Heubusch); App. 159 (affidavit of Donald K. Bain) ("[O]ur communications can be more focused, understandable, and effective if the Party and its candidates can work together"). Finally, because of the ambiguity in the term "coordinated expenditure," the Party Expenditure Provision chills permissible speech as well. See, e. g., id., at 159-160 (affidavit of Donald K. Bain). Thus, far from being a mere "marginal" restraint on speech, Buckley, 424 U. S., at 20, the Party Expenditure Provision has restricted the party's most natural form of communication; has precluded parties "from effectively amplifying the voice of their adherents," id., at 22; and has had a "stifling effect on the ability of the party to do what it exists to do." 3 Colorado I, supra, at 630 (Kennedy, J., concurring in judgment and dissenting in part).
The Court nevertheless concludes that these concerns of inhibiting party speech are rendered "implausible" by the nearly 30 years of history in which coordinated spending has been statutorily limited. Ante, at 449. Without a single citation to the record, the Court rejects the assertion "that for almost three decades political parties have not been func-3 The Court contends that, notwithstanding this burden, "it is nonetheless possible for parties, like individuals and nonparty groups, to speak independently." Ante, at 450, n. 11 (emphasis added). That is correct, but it does not render the restriction constitutional. If Congress were to pass a law imposing a $1,000 tax on every political newspaper editorial, the law would surely constitute an unconstitutional restraint on speech, even though it would still be possible for newspapers to print such editorials.
The Court's holding presents an additional First Amendment problem. Because of the close relationship between parties and candidates, lower courts will face a difficult, if not insurmountable, task in trying to determine whether particular party expenditures are in fact coordinated or independent. As the American Civil Liberties Union points out, "[e]ven if such an inquiry is feasible, it inevitably would involve an intrusive and constitutionally troubling investigation of the inner workings of political parties." Brief for American Civil Liberties Union et al. as Amici Curiae 18.
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