McConnell v. Federal Election Comm'n, 540 U.S. 93, 192 (2003)

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

Opinion of Kennedy, J.

seemly corporate speech. The effort, however, is unwar-ranted, and not just because money is not per se the evil the majority thinks. Most of the regulations at issue, notably all of the Title I soft-money bans and the Title II coordination provisions, do not draw distinctions based on corporate or union status. Referring to the corporate speech rationale as if it were the linchpin of the case, when corporate speech is not primarily at issue, adds no force to the Court's analysis. Instead, the focus must be on Buckley's anticorruption rationale and the First Amendment rights of individual citizens. A. Constitutionally Sufficient Interest

In Buckley, the Court held that one, and only one, interest justified the significant burden on the right of association involved there: eliminating, or preventing, actual corruption or the appearance of corruption stemming from contributions to candidates.

"It is unnecessary to look beyond the Act's primary purpose—to limit the actuality and appearance of corruption resulting from large individual financial contributions—in order to find a constitutionally sufficient justification for the $1,000 contribution limitation." 424 U. S., at 26.

See also ibid. (concluding this corruption interest was sufficiently "significant" to sustain "closely drawn" interference with protected First Amendment rights).

In parallel, Buckley concluded the expenditure limitations in question were invalid because they did not advance that same interest. See id., at 47-48 ("[T]he independent expenditure ceiling thus fails to serve any substantial governmental interest in stemming the reality or appearance of corruption in the electoral process"); see also id., at 45, 46.

Thus, though Buckley subjected expenditure limits to strict scrutiny and contribution limits to less exacting review, it held neither could withstand constitutional challenge

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