Cite as: 540 U. S. 93 (2003)
Opinion of Thomas, J.
In response to this assault on the free exchange of ideas and with only the slightest consideration of the appropriate standard of review or of the Court's traditional role of protecting First Amendment freedoms, the Court has placed its imprimatur on these unprecedented restrictions. The very "purpose of the First Amendment [is] to preserve an uninhibited marketplace of ideas in which truth will ultimately prevail." Red Lion Broadcasting Co. v. FCC, 395 U. S. 367, 390 (1969). Yet today the fundamental principle that "the best test of truth is the power of the thought to get itself accepted in the competition of the market," Abrams v. United States, 250 U. S. 616, 630 (1919) (Holmes, J., dissenting), is cast aside in the purported service of preventing "corruption," or the mere "appearance of corruption." Buckley v. Valeo, 424 U. S. 1, 26 (1976) (per curiam). Apparently, the marketplace of ideas is to be fully open only to defamers, New York Times Co. v. Sullivan, 376 U. S. 254 (1964); nude dancers, Barnes v. Glen Theatre, Inc., 501 U. S. 560 (1991) (plurality opinion); pornographers, Ashcroft v. Free Speech Coalition, 535 U. S. 234 (2002); flag burners, United States v. Eichman, 496 U. S. 310 (1990); and cross burners, Virginia v. Black, 538 U. S. 343 (2003).
Because I cannot agree with the treatment given by Justice Stevens' and Justice O'Connor's opinion (hereinafter joint opinion) to speech that is "indispensable to the effective and intelligent use of the processes of popular government to shape the destiny of modern industrial society," Thornhill v. Alabama, 310 U. S. 88, 103 (1940), I respectfully dissent. I also dissent from Justice Breyer's opinion upholding BCRA § 504. I join The Chief Justice's opinion in regards to BCRA §§ 304, 305, 307, 316, 319, and 403(b); concur in the result as to § 318; and dissent from the opinion as to § 311. I also fully agree with Justice Kennedy's discussion of § 213 and join that portion of his opinion. Post, at 320.
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