McConnell v. Federal Election Comm'n, 540 U.S. 93, 42 (2003)

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Cite as: 540 U. S. 93 (2003)

Opinion of the Court

Finally, plaintiffs contend that the type of associational burdens that § 323 imposes are fundamentally different from the burdens that accompanied Buckley's contribution limits, and merit the type of strict scrutiny we have applied to attempts to regulate the internal processes of political parties. E. g., California Democratic Party v. Jones, 530 U. S. 567, 573-574 (2000). In making this argument, plaintiffs greatly exaggerate the effect of § 323, contending that it precludes any collaboration among national, state, and local committees of the same party in fundraising and electioneering activities. We do not read the provisions in that way. See infra, at 161. Section 323 merely subjects a greater percentage of contributions to parties and candidates to FECA's source and amount limitations. Buckley has already acknowledged that such limitations "leave the contributor free to become a member of any political association and to assist personally in the association's efforts on behalf of candidates." 424 U. S., at 22. The modest impact that § 323 has on the ability of committees within a party to associate with each other does not independently occasion strict scrutiny. None of this is to suggest that the alleged associational burdens imposed on parties by § 323 have no place in the First Amendment analysis; it is only that we account for them in the application, rather than the choice, of the appropriate level of scrutiny.43

With these principles in mind, we apply the less rigorous scrutiny applicable to contribution limits to evaluate the constitutionality of new FECA § 323. Because the five

43 Justice Kennedy is no doubt correct that the associational burdens imposed by a particular piece of campaign-finance regulation may at times be so severe as to warrant strict scrutiny. Post, at 311. In light of our interpretation of § 323(a), however, see infra, at 161, § 323 does not present such a case. As Justice Kennedy himself acknowledges, even "signifi-cant interference" with "protected rights of association" are subject to less rigorous scrutiny. Beaumont, 539 U. S., at 162; see post, at 311. There is thus nothing inconsistent in our decision to account for the particular associational burdens imposed by § 323(a) when applying the appropriate level of scrutiny.

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