Parties: Fed. Election Comm'n v. Nat'l Conservative Political Action Comm.
Date: 1985-03-18
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Paragraph: 75 - But the "contributors" are exactly that—contributors, rather than speakers. Every reason the majority gives for treating § 9012(f) as a restraint on speech relates to the effectiveness with which the donors can make their voices heard. In other words, what the majority purports to protect is the right of the contributors to make contributions.
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Paragraph: 67 - In Buckley, I explained at some length why I am quite sure that regulations of campaign spending similar to that at issue here are constitutional. See 424 U.S., at 257-266, 96 S.Ct., at 744-748. I adhere to those views. The First Amendment protects the right to speak, not the right to spend, and limitations on the amount of money that can be spent are not the same as restrictions on speaking. I agree with the majority that the expenditures in this case "produce" core First Amendment speech. See ante, at 493. But that is precisely the point: they produce such speech; they are not speech itself.
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Paragraph: 74 - expenditures are direct political expression Buckley distinguished N173* "direct political expression," which could not be curtailed, from financial contributions, which could. 424 U.S., at 21-22, 96 S.Ct., at 635-636. Limitations on expenditures were considered direct restraints on the right to speak one's mind on public issues and to engage in advocacy protected by the First Amendment. Id., at 48, 96 S.Ct., at 648. The majority views the challenged provision as being in that category. I disagree.
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Paragraph: 77 - Even if spending money is to be considered speech, I fail to see how giving money to an independent organization to use as it wishes is also speech. I had thought the holding in Buckley was exactly the opposite. Certainly later cases would so indicate. See FEC v. National Right to Work Committee,
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Paragraph: 30 - "A restriction on the amount of money a person or group can spend on political communication during a campaign necessarily reduces the quantity of expression by restricting the number of issues discussed, the depth of their exploration, and the size of the audience reached. This is because virtually every means of communicating ideas in today's mass society requires the expenditure of money. The distribution of the humblest handbill or leaflet entails printing, paper, and circulation costs. Speeches and rallies generally necessitate hiring a hall and publicizing the event. The electorate's increasing dependence on television, radio, and other mass media for news and information has made these expensive modes of communication indispensable instruments of effective political speech."
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Phrase match: circulation costs. Speeches and rallies
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Paragraph: 67 - I agree with the majority that the expenditures in this case "produce" core First Amendment speech. See ante, at 493. But that is precisely the point: they produce such speech; they are not speech itself. At least in these circumstances, I cannot accept the identification of speech with its antecedents.
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Paragraph: 76 - N77* "the transformation of contributions into political debate involves speech by someone other than the contributor."
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