McConnell v. Federal Election Comm'n, 540 U.S. 93, 100 (2003)

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

Opinion of the Court

had established a "reasonable probability" of such a result.83

Brown v. Socialist Workers '74 Campaign Comm. (Ohio), 459 U. S. 87, 100 (1982).

In this litigation the District Court applied Buckley's evidentiary standard and found—consistent with our conclusion in Buckley, and in contrast to that in Brown—that the evidence did not establish the requisite "reasonable probability" of harm to any plaintiff group or its members. The District Court noted that some parties had expressed such concerns, but it found a "lack of specific evidence about the basis for these concerns." 251 F. Supp. 2d, at 247 (per curiam). We agree, but we note that, like our refusal to recognize a blanket exception for minor parties in Buckley, our rejection of plaintiffs' facial challenge to the requirement to disclose individual donors does not foreclose possible future challenges to particular applications of that requirement.

We also are unpersuaded by plaintiffs' challenge to new FECA § 304(f)(5), which requires disclosure of executory contracts for electioneering communications:

83 We stated: "The District Court properly applied the Buckley test to the facts of this case. The District Court found 'substantial evidence of both governmental and private hostility toward and harassment of [Socialist Workers Party (SWP)] members and supporters.' Appellees introduced proof of specific incidents of private and government hostility toward the SWP and its members within the four years preceding the trial. These incidents, many of which occurred in Ohio and neighboring States, included threatening phone calls and hate mail, the burning of SWP literature, the destruction of SWP members' property, police harassment of a party candidate, and the firing of shots at an SWP office. There was also evidence that in the 12-month period before trial 22 SWP members, including 4 in Ohio, were fired because of their party membership. Although appellants contend that two of the Ohio firings were not politically motivated, the evidence amply supports the District Court's conclusion that 'private hostility and harassment toward SWP members make it difficult for them to maintain employment.' The District Court also found a past history of Government harassment of the SWP." Brown v. Socialist Workers '74 Campaign Comm. (Ohio), 459 U. S. 87, 98-99 (1982) (paragraph break omitted).

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