Cite as: 540 U. S. 93 (2003)
Opinion of Kennedy, J.
in communicating with the public is, by itself, sufficient to make the PAC option a false choice for many civic organizations. Forcing speech through an artificial "secondhand endorsement structure . . . debases the value of the voice of nonprofit corporate speakers . . . [because] PAC's are interim, ad hoc organizations with little continuity or responsibility." Austin, 494 U. S., at 708-709 (Kennedy, J., dissenting). In contrast, their sponsoring organizations "have a continuity, a stability, and an influence" that allows "their members and the public at large to evaluate their . . . credibility." Id., at 709.
The majority can articulate no compelling justification for imposing this scheme of compulsory ventriloquism. If the majority is concerned about corruption and distortion of the political process, it makes no sense to diffuse the corporate message and, under threat of criminal penalties, to compel the corporation to spread the blame to its ad hoc intermediary.
For all these reasons, the PAC option cannot advance the Government's argument that the provision meets the test of strict scrutiny. See, e. g., id., at 657-660; MCFL, 479 U. S. 238; see also United States v. Playboy Entertainment Group, Inc., 529 U. S. 803, 826 (2000) ("When the purpose and design of a statute is to regulate speech by reason of its content, special consideration or latitude is not accorded to the Government merely because the law can somehow be described as a burden rather than outright suppression").
Once we turn away from the distraction of the PAC option, the provision cannot survive strict scrutiny. Under the primary definition, § 203 prohibits unions and corporations from funding from their general treasury any broadcast, cable, or satellite communication which—
"(I) refers to a clearly identified candidate for Federal office; "(II) is made within—
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