McConnell v. Federal Election Comm'n, 540 U.S. 93, 262 (2003)

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

Rehnquist, C. J., dissenting

plaintiffs' First Amendment claim should be rejected." Brief for FEC et al. in No. 02-1674 et al., pp. 132-133.

While these paragraphs attempt to set forth a justification for the new Communications Act § 315(e)(1)(B), discussed below, I fail to see any justification for BCRA § 504 in its entirety. Nor do I find persuasive the Court's and the Government's argument that pre-existing unchallenged agency regulations imposing similar disclosure requirements compel the conclusion that § 504 is constitutional and somehow relieve the Government of its burden of advancing a constitutionally sufficient justification for § 504.

At oral argument, the Government counsel indicated that one of the interests supporting § 504 in its entirety stems from the fairness doctrine, Tr. of Oral Arg. 192, which in general imposes an obligation on licensees to devote a "reasonable percentage" of broadcast time to issues of public importance in a way that reflects opposing views. See Red Lion Broadcasting Co. v. FCC, 395 U. S. 367 (1969). Assuming, arguendo, this latter-day assertion should be considered, I think the District Court correctly noted that there is nothing in the record that indicates licensees have treated purchasers unfairly. 251 F. Supp. 2d, at 812 (Leon, J.). In addition, this interest seems wholly unconnected to the central purpose of BCRA, and it is not at all similar to the governmental interests in Buckley that we found to be "sufficiently important to outweigh the possibility of infringement," 424 U. S., at 66.

As to the disclosure requirements involving "any political

matter of national importance" under the new Communications Act § 315(e)(1)(B), the Government suggests that the disclosure enables viewers to evaluate the message transmitted.6 First, insofar as BCRA § 504 requires reporting of

6 Communications relating to candidates will be covered by the new Communications Act § 315(e)(1)(A), so, in this context, we must consider, for example, the plaintiff-organizations, which may attempt to use the broadcast medium to convey a message espoused by the organizations.

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