Cite as: 540 U. S. 93 (2003)
Opinion of the Court
Buckley we began by examining then-18 U. S. C. § 608(e)(1) (1970 ed., Supp. IV), which restricted expenditures " 'relative to a clearly identified candidate,' " and we found that the phrase " 'relative to' " was impermissibly vague. 424 U. S., at 40-42. We concluded that the vagueness deficiencies could "be avoided only by reading § 608(e)(1) as limited to communications that include explicit words of advocacy of election or defeat of a candidate." 74 Id., at 43. We provided examples of words of express advocacy, such as " 'vote for,' 'elect,' 'support,' . . . 'defeat,' [and] 'reject,' " id., at 44, n. 52, and those examples eventually gave rise to what is now known as the "magic words" requirement.
We then considered FECA's disclosure provisions, including 2 U. S. C. § 431(f) (1970 ed., Supp. IV), which defined " 'expenditur[e]' " to include the use of money or other assets " 'for the purpose of . . . influencing' " a federal election. Buckley, 424 U. S., at 77. Finding that the "ambiguity of this phrase" posed "constitutional problems," ibid., we noted our "obligation to construe the statute, if that can be done consistent with the legislature's purpose, to avoid the shoals of vagueness," id., at 77-78 (citations omitted). "To insure that the reach" of the disclosure requirement was "not impermissibly broad, we construe[d] 'expenditure' for purposes of that section in the same way we construed the terms of § 608(e)—to reach only funds used for communications that expressly advocate the election or defeat of a clearly identified candidate." Id., at 80 (footnote omitted).
Thus, a plain reading of Buckley makes clear that the express advocacy limitation, in both the expenditure and the
74 We then held that, so construed, the expenditure restriction did not advance a substantial government interest, because independent express advocacy did not pose a danger of real or apparent corruption, and the line between express advocacy and other electioneering activities was easily circumvented. Concluding that § 608(e)(1)'s heavy First Amendment burden was not justified, we invalidated the provision. Buckley, 424 U. S., at 45-48.
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