McConnell v. Federal Election Comm'n, 540 U.S. 93, 242 (2003)

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

Appendix to opinion of Kennedy, J.

Congress to foreclose or restrict those groups from participating in the political process by constraints not applicable to the established press.

CONCLUSION

The First Amendment underwrites the freedom to experiment and to create in the realm of thought and speech. Citizens must be free to use new forms, and new forums, for the expression of ideas. The civic discourse belongs to the people, and the Government may not prescribe the means used to conduct it.

The First Amendment commands that Congress "shall make no law . . . abridging the freedom of speech." The command cannot be read to allow Congress to provide for the imprisonment of those who attempt to establish new political parties and alter the civic discourse. Our pluralistic society is filled with voices expressing new and different viewpoints, speaking through modes and mechanisms that must be allowed to change in response to the demands of an interested public. As communities have grown and technology has evolved, concerted speech not only has become more effective than a single voice but also has become the natural preference and efficacious choice for many Americans. The Court, upholding multiple laws that suppress both spontaneous and concerted speech, leaves us less free than before. Today's decision breaks faith with our tradition of robust and unfettered debate.

For the foregoing reasons, with respect, I dissent from the Court's decision upholding the main features of Titles I and II.

APPENDIX TO OPINION OF KENNEDY, J.

BCRA § 101(a), 116 Stat. 81, which sets forth new FECA § 323, 2 U. S. C. § 441i (Supp. II), provides:

"SEC. 323. SOFT MONEY OF POLITICAL PARTIES. "(a) NATIONAL COMMITTEES.—

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