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Respondents Shrink Missouri Government PAC, a political action committee, and Zev David Fredman, a candidate for the 1998 Republican nomination for Missouri state auditor, filed suit, alleging that a Missouri statute imposing limits ranging from $275 to $1,075 on contributions to candidates for state office violated their First and Fourteenth Amendment rights. Shrink Missouri gave Fredman $1,025 in 1997, and $50 in 1998, and represented that, without the statutory limitation, it would contribute more. Fredman alleged he could campaign effectively only with more generous contributions than the statute allowed. On cross-motions for summary judgment, the District Court sustained the statute. Applying
Buckley
v.
Valeo,
Held: Buckley is authority for comparable state limits on contributions to state political candidates, and those limits need not be pegged to the precise dollar amounts approved in Buckley. Pp. 5-18.
(a) The Buckley Court held, inter alia, that a Federal Election Campaign Act provision placing a $1,000 annual ceiling on independent expenditures linked to specific candidates for federal office infringed speech and association guarantees of the First Amendment and the Equal Protection Clause of the Fourteenth, but upheld other provisions limiting contributions by individuals to any single candidate to $1,000 per election. P. 5.
(b) In addressing the speech claim, the
Buckley
Court explicitly rejected both intermediate scrutiny for communicative action, see
United States
v.
O'Brien,
(c) In defending its statute, Missouri espouses those same interests of preventing corruption and the appearance of it. Even without
Buckley
, there would be no serious question about the legitimacy of these interests, which underlie bribery and antigratuity statutes. Rather, respondents take the State to task for failing to justify the invocation of those interests with empirical evidence of actually corrupt practices or of a perception among Missouri voters that unrestricted contributions must have been exerting a covertly corrosive influence. The state statute is not void, however, for want of evidence. The quantum of empirical evidence needed to satisfy heightened judicial scrutiny of legislative judgments will vary up or down with the novelty and plausibility of the justification raised.
Buckley
demonstrates that the dangers of large, corrupt contributions and the suspicion that large contributions are corrupt are neither novel nor implausible. See
(d) There is no support for respondents' various arguments that the Missouri limitations are so different in kind from those sustained in
Buckley
as to raise essentially a new issue about the adequacy of the Missouri statute's tailoring to serve its purposes. Here, as in
Buckley, supra
, at 21, there is no indication that those limits have had any dramatic adverse effect on the funding of campaigns and political associations, and thus there is no showing that the limitations prevented candidates from amassing the resources necessary for effective advocacy. Indeed, the District Court found that since the Missouri limits became effective, candidates for state office have been able to raise funds sufficient to run effective campaigns, and that candidates are still able to amass impressive campaign war chests. The plausibility of these conclusions is buttressed by petitioners' evidence that in the last election before the contributions became effective, 97.62 percent of all contributors to candidates for state auditor made contributions of $2,000 or less. Even assuming that the contribution limits affected respondent Fredman's ability to wage a competitive campaign, a showing of one affected individual does not point up a system of suppressed political advocacy that would be unconstitutional under
Buckley
. The District Court's conclusions and the supporting evidence also suffice to answer respondents' variant claim that the Missouri limits today differ in kind from
Buckley'
s owing to inflation since that case was decided. Respondents' assumption that
Buckley
set a minimum constitutional threshold for contribution limits, which in dollars adjusted for loss of purchasing power are now well above the lines drawn by Missouri, is a fundamental misunderstanding of that case. The Court there specifically rejected the contention that $1,000, or any other amount, was a constitutional minimum, and instead asked whether the contribution limitation was so low as to impede the ability of candidates to amass the resources necessary for effective advocacy.
161 F. 3d 519, reversed and remanded.
Souter, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, O'Connor, Ginsburg, and Breyer, JJ., joined. Stevens, J., filed a concurring opinion. Breyer, J., filed a concurring opinion, in which Ginsburg, J., joined. Kennedy, J., filed a dissenting opinion. Thomas, J., filed a dissenting opinion, in which Scalia, J., joined.
JEREMIAH W. (JAY) NIXON, ATTORNEY GENERAL
OF MISSOURI,
et al.
, PETITIONERS
v.
SHRINK
MISSOURI GOVERNMENT PAC
et al.
on writ of certiorari to the united states court of
appeals for the eighth circuit
[January 24, 2000]
Justice Souter delivered the opinion of the Court.
The principal issues in this case are whether
Buckley
v.
Valeo,
I
In 1994, the Legislature of Missouri enacted Senate Bill 650 (SB650) to restrict the permissible amounts of contributions to candidates for state office. Mo. Rev. Stat. §130.032 (1994). Before the statute became effective, however, Missouri voters approved a ballot initiative with even stricter contribution limits, effective immediately. The United States Court of Appeals for the Eighth Circuit then held the initiative's contribution limits unconstitutional under the First Amendment,
Carver
v.
Nixon
, 72 F. 3d 633, 645 (CA8 1995), cert. denied,
As amended in 1997, that statute imposes contribution limits ranging from $250 to a $1,000, depending on specified state office or size of constituency. See Mo. Rev. Stat. §130.032.1 (1998 Cum. Supp.); 161 F. 3d, at 520. The particular provision challenged here reads that
"[t]o elect an individual to the office of governor, lieutenant governor, secretary of state, state treasurer, state auditor or attorney general, [[t]he amount of contributions made by or accepted from any person other than the candidate in any one election shall not exceed] one thousand dollars." Mo. Rev. Stat. §130.032.1(1) (1998 Cum. Supp.).
The statutory dollar amounts are baselines for an adjustment each even-numbered year, to be made "by multiplying the base year amount by the cumulative consumer price index ... and rounded to the nearest twenty-five-dollar amount, for all years since January 1, 1995." §130.032.2. When this suit was filed, the limits ranged from a high of $1,075 for contributions to candidates for statewide office (including state auditor) and for any office where the population exceeded 250,000, down to $275 for contributions to candidates for state representative or for any office for which there were fewer than 100,000 people represented. 161 F. 3d, at 520; App. 37.
Respondents Shrink Missouri Government PAC, a political action committee, and Zev David Fredman, a candidate for the 1998 Republican nomination for state auditor, sought to enjoin enforcement of the contribution statute 1 as violating their First and Fourteenth Amendment rights (presumably those of free speech, association, and equal protection, although the complaint did not so state). Shrink Missouri gave $1,025 to Fredman's candidate committee in 1997, and another $50 in 1998. Shrink Missouri represented that, without the limitation, it would contribute more to the Fredman campaign. Fredman alleged he could campaign effectively only with more generous contributions than §130.032.1 allowed. Shrink Missouri Government PAC v. Adams , 5 F. Supp. 2d 734, 737 (ED Mo. 1998).
On cross-motions for summary judgment, the District Court sustained the statute.
Id.
,
at 742. Applying
Buckley
v.
Valeo
,
supra
, the court found adequate support for the law in the proposition that large contributions raise suspicions of influence peddling tending to undermine citizens' confidence "in the integrity of ... government."
5 F. Supp. 2d,
at 738. The District Court rejected respondents' contention that inflation since
Buckley
's approval of a federal $1,000 restriction meant that the state limit of $1,075 for a statewide office could not be constitutional today.
Id.
,
at 740
.
The Court of Appeals for the Eighth Circuit nonetheless enjoined enforcement of the law pending appeal, 151 F. 3d 763, 765 (1998), and ultimately reversed the District Court. 161 F. 3d, at 520. Finding that
Buckley
had " `articulated and applied a strict scrutiny standard of review,' " the Court of Appeals held that Missouri was bound to demonstrate "that it has a compelling interest and that the contribution limits at issue are narrowly drawn to serve that interest."
Id.
,
at 521 (quoting
Carver
v.
Nixon
, 72 F. 3d, at 637). The appeals court treated Missouri's claim of a compelling interest "in avoiding the corruption or the perception of corruption brought about when candidates for elective office accept large campaign contributions" as insufficient by itself to satisfy strict scrutiny. 161 F. 3d, at 521-522. Relying on Circuit precedent, see
Russell
v.
Burris
, 146 F. 3d 563, 568 (CA8), cert. denied,
"some demonstrable evidence that there were genuine problems that resulted from contributions in amounts greater than the limits in place. . . .
"[T]he Buckley Court noted the perfidy that had been uncovered in federal campaign financing in 1972... . But we are unwilling to extrapolate from those examples that in Missouri at this time there is corruption or a perception of corruption from `large' campaign contributions, without some evidence that such problems really exist." 161 F. 3d, at 521-522 (citations omitted).
The court thought that the only evidence presented by the State, an affidavit from the co-chairman of the state legislature's Interim Joint Committee on Campaign Finance Reform when the statute was passed, was inadequate to raise a genuine issue of material fact about the State's alleged interest in limiting campaign contributions. Ibid . 2
Given the large number of States that limit political contributions, see generally Federal Election Commission, E. Feigenbaum & J. Palmer, Campaign Finance Law 98 (1998), we granted certiorari to review the congruence of the Eighth Circuit's decision with
Buckley
.
II
The matters raised in
Buckley
v.
Valeo
,
A
Precision about the relative rigor of the standard to review contribution limits was not a pretense of the
Buckley
per curiam
opinion. To be sure, in addressing the speech claim, we explicitly rejected both
O'Brien
intermediate scrutiny for communicative action, see
United States
v.
O'Brien,
We then, however, drew a line between expenditures and contributions, treating expenditure restrictions as direct restraints on speech,
"[A] limitation upon the amount that any one person or group may contribute to a candidate or political committee entails only a marginal restriction upon the contributor's ability to engage in free communication. A contribution serves as a general expression of support for the candidate and his views, but does not communicate the underlying basis for the support. The quantity of communication by the contributor does not increase perceptibly with the size of his contribution, since the expression rests solely on the undifferentiated symbolic act of contributing. At most, the size of the contribution provides a very rough index of the intensity of the contributor's support for the candidate. A limitation on the amount of money a person may give to a candidate or campaign organization thus involves little direct restraint on his political communication, for it permits the symbolic expression of support evidenced by a contribution but does not in any way infringe the contributor's freedom to discuss candidates and issues."
Id.
, at 20-21 (footnote
omitted).
We thus said, in effect, that limiting contributions left communication significantly unimpaired.
We flagged a similar difference between expenditure and contribution limitations in their impacts on the association right. While an expenditure limit "precludes most associations from effectively amplifying the voice of their adherents,"
id.
, at 22 (thus interfering with the freedom of the adherents as well as the association,
ibid
.), the contribution limits "leave the contributor free to become a member of any political association and to assist personally in the association's efforts on behalf of candidates,"
ibid.
; see also
id.
, at 28. While we did not then say in so many words that different standards might govern expenditure and contribution limits affecting associational rights, we have since then said so explicitly in
Federal Election Comm'n
v.
Massachusetts Citizens for Life, Inc.,
While we did not attempt to parse distinctions between the speech and association standards of scrutiny for contribution limits, we did make it clear that those restrictions bore more heavily on the associational right than on freedom to speak. Id. , at 24-25. We consequently proceeded on the understanding that a contribution limitation surviving a claim of associational abridgment would survive a speech challenge as well, and we held the standard satisfied by the contribution limits under review.
"[T]he prevention of corruption and the appearance of corruption," was found to be a "constitutionally sufficient justification," id. , at 25-26:
"To the extent that large contributions are given to secure a political quid pro quo from current and potential office holders, the integrity of our system of representative democracy is undermined... .
"Of almost equal concern as the danger of actual
quid pro quo
arrangements is the impact of the appearance of corruption stemming from public awareness of the opportunities for abuse inherent in a regime of large individual financial contributions... . Congress could legitimately conclude that the avoidance of the appearance of improper influence `is also critical ... if confidence in the system of representative Government is not to be eroded to a disastrous extent.' "
Id.
, at 27 (quoting
Civil Service Comm'n
v.
Letter Carriers,
See also
Federal Election Comm'n
v.
National Conservative Political Action Comm.,
In speaking of "improper influence" and "opportunities for abuse" in addition to "
quid pro quo
arrangements," we recognized a concern not confined to bribery of public officials, but extending to the broader threat from politicians too compliant with the wishes of large contributors. These were the obvious points behind our recognition that the Congress could constitutionally address the power of money "to influence governmental action" in ways less "blatant and specific" than bribery.
Buckley
v.
Valeo
,
B
In defending its own statute, Missouri espouses those same interests of preventing corruption and the appearance of it that flows from munificent campaign contributions. Even without the authority of
Buckley
, there would be no serious question about the legitimacy of the interests claimed, which, after all, underlie bribery and anti-gratuity statutes. While neither law nor morals equate all political contributions, without more, with bribes, we spoke in
Buckley
of the perception of corruption "inherent in a regime of large individual financial contributions" to candidates for public office,
id.
, at 27, as a source of concern "almost equal" to
quid pro quo
improbity,
ibid
. The public interest in countering that perception was, indeed, the entire answer to the overbreadth claim raised in the
Buckley
case.
Id.
, at 30. This made perfect sense. Leave the perception of impropriety unanswered, and the cynical assumption that large donors call the tune could jeopardize the willingness of voters to take part in democratic governance. Democracy works "only if the people have faith in those who govern, and that faith is bound to be shattered when high officials and their appointees engage in activities which arouse suspicions of malfeasance and corruption."
United States
v.
Mississippi Valley Generating Co.,
Although respondents neither challenge the legitimacy of these objectives nor call for any reconsideration of Buckley , they take the State to task, as the Court of Appeals did, for failing to justify the invocation of those interests with empirical evidence of actually corrupt practices or of a perception among Missouri voters that unrestricted contributions must have been exerting a covertly corrosive influence. The state statute is not void, however, for want of evidence.
The quantum of empirical evidence needed to satisfy heightened judicial scrutiny of legislative judgments will vary up or down with the novelty and plausibility of the justification raised.
Buckley
demonstrates that the dangers of large, corrupt contributions and the suspicion that large contributions are corrupt are neither novel nor implausible. The opinion noted that "the deeply disturbing examples surfacing after the 1972 election demonstrate that the problem [of corruption] is not an illusory one."
While
Buckley
's evidentiary showing exemplifies a sufficient justification for contribution limits, it does not speak to what may be necessary as a minimum.
5
As to that, respondents are wrong in arguing that in the years since
Buckley
came down we have "supplemented" its holding with a new requirement that governments enacting contribution limits must " `demonstrate that the recited harms are real, not merely conjectural,' " Brief for Respondents Shrink Missouri Government PAC et al. 26 (quoting
United States
v.
Treasury Employees,
In any event, this case does not present a close call requiring further definition of whatever the State's evidentiary obligation may be. While the record does not show that the Missouri Legislature relied on the evidence and findings accepted in Buckley , 6 the evidence introduced into the record by respondents or cited by the lower courts in this action and the action regarding Proposition A is enough to show that the substantiation of the congressional concerns reflected in Buckley has its counterpart supporting the Missouri law. Although Missouri does not preserve legislative history, 5 F. Supp. 2d, at 738, the State presented an affidavit from State Senator Wayne Goode, the co-chair of the state legislature's Interim Joint Committee on Campaign Finance Reform at the time the State enacted the contribution limits, who stated that large contributions have " `the real potential to buy votes,' " ibid. ; App. 47. The District Court cited newspaper accounts of large contributions supporting inferences of impropriety. 5 F. Supp. 2d, at 738, n. 6. One report questioned the state treasurer's decision to use a certain bank for most of Missouri's banking business after that institution contributed $20,000 to the treasurer's campaign. Editorial, The Central Issue is Trust, St. Louis Post-Dispatch, Dec. 31, 1993, p. 6C. Another made much of the receipt by a candidate for state auditor of a $40,000 contribution from a brewery and one for $20,000 from a bank. J. Mannies, Auditor Race May Get Too Noisy to be Ignored, St. Louis Post-Dispatch, Sept. 11, 1994, at 4B. In Carver v. Nixon , 72 F. 3d 633 (1995), the Eighth Circuit itself, while invalidating the limits Proposition A imposed, identified a $420,000 contribution to candidates in northern Missouri from a political action committee linked to an investment bank, and three scandals, including one in which a state representative was "accused of sponsoring legislation in exchange for kickbacks," and another in which Missouri's former attorney general pleaded guilty to charges of conspiracy to misuse state property, id., at 642, and n. 10, after being indicted for using a state workers' compensation fund to benefit campaign contributors. And although majority votes do not, as such, defeat First Amendment protections, the statewide vote on Proposition A certainly attested to the perception relied upon here: "[A]n overwhelming 74 percent of the voters of Missouri determined that contribution limits are necessary to combat corruption and the appearance thereof." Carver v. Nixon , 882 F. Supp. 901, 905 (WD Mo.), rev'd, 72 F. 3d 633 (CA8 1995); see also 5 F. Supp. 2d, at 738, n. 7.
There might, of course, be need for a more extensive evidentiary documentation if petitioners had made any showing of their own to cast doubt on the apparent implications of Buckley 's evidence and the record here, but the closest respondents come to challenging these conclusions is their invocation of academic studies said to indicate that large contributions to public officials or candidates do not actually result in changes in candidates' positions. Brief for Respondents Shrink Missouri Government PAC et al. 41; Smith, Money Talks: Speech, Corruption, Equality, and Campaign Finance, 86 Geo. L. J. 45, 58 (1997); Smith, Faulty Assumptions and Undemocratic Consequences of Campaign Finance Reform, 105 Yale L. J. 1049, 1067-1068 (1995). Other studies, however, point the other way. Reply Brief for Respondent Bray 4-5; F. Sorauf, Inside Campaign Finance 169 (1992); Hall & Wayman, Buying Time: Moneyed Interests and the Mobilization of Bias in Congressional Committees, 84 Am. Pol. Sci. Rev. 797 (1990); D. Magleby & C. Nelson, The Money Chase 78 (1990). Given the conflict among these publications, and the absence of any reason to think that public perception has been influenced by the studies cited by respondents, there is little reason to doubt that sometimes large contributions will work actual corruption of our political system, and no reason to question the existence of a corresponding suspicion among voters.
C
Nor do we see any support for respondents' various arguments that in spite of their striking resemblance to the limitations sustained in
Buckley,
those in Missouri are so different in kind as to raise essentially a new issue about the adequacy of the Missouri statute's tailoring to serve its purposes.
7
Here, as in
Buckley
, "[t]here is no indication . . . that the contribution limitations imposed by the [law] would have any dramatic[ally] adverse effect on the funding of campaigns and political associations," and thus no showing that "the limitations prevented the candidates and political committees from amassing the resources necessary for effective advocacy."
These conclusions of the District Court and the supporting evidence also suffice to answer respondents' variant claim that the Missouri limits today differ in kind from Buckley' s owing to inflation since 1976. Respondents seem to assume that Buckley set a minimum constitutional threshold for contribution limits, which in dollars adjusted for loss of purchasing power are now well above the lines drawn by Missouri. But this assumption is a fundamental misunderstanding of what we held.
In
Buckley,
we specifically rejected the contention that $1,000, or any other amount, was a constitutional minimum below which legislatures could not regulate. As indicated above, we referred instead to the outer limits of contribution regulation by asking whether there was any showing that the limits were so low as to impede the ability of candidates to "amas[s] the resources necessary for effective advocacy,"
D
The dissenters in this case think our reasoning evades the real issue. Justice Thomas chides us for "hiding behind" Buckley , post , at 13, and Justice Kennedy faults us for seeing this case as "a routine application of our analysis" in Buckley instead of facing up to what he describes as the consequences of Buckley , post , at 1. Each dissenter would overrule Buckley and thinks we should do the same.
The answer is that we are supposed to decide this case. Shrink and Fredman did not request that Buckley be overruled; the furthest reach of their arguments about the law was that subsequent decisions already on the books had enhanced the State's burden of justification beyond what Buckley required, a proposition we have rejected as mistaken.
III
There is no reason in logic or evidence to doubt the sufficiency of Buckley to govern this case in support of the Missouri statute. The judgment of the Court of Appeals is, accordingly, reversed, and the case is remanded for proceedings consistent with this opinion.
It is so ordered.
JEREMIAH W. (JAY) NIXON, ATTORNEY GENERAL
OF MISSOURI,
et al.
, PETITIONERS
v.
SHRINK
MISSOURI GOVERNMENT PAC
et al.
on writ of certiorari to the united states court of
appeals for the eighth circuit
[January 24, 2000]
Justice Stevens , concurring.
Justice Kennedy
suggests that the misuse of soft money tolerated by this Court's misguided decision in
Colorado Republican Federal Campaign Comm.
v.
Federal Election Comm'n,
Speech has the power to inspire volunteers to perform a multitude of tasks on a campaign trail, on a battleground, or even on a football field. Money, meanwhile, has the power to pay hired laborers to perform the same tasks. It does not follow, however, that the First Amendment provides the same measure of protection to the use of money to accomplish such goals as it provides to the use of ideas to achieve the same results. 1
Our Constitution and our heritage properly protect the individual's interest in making decisions about the use of his or her own property. Governmental regulation of such decisions can sometimes be viewed either as "deprivations of liberty" or as "deprivations of property," see,
e.g.,
Moore
v.
East Cleveland,
Reliance on the First Amendment to justify the invalidation of campaign finance regulations is the functional equivalent of the Court's candid reliance on the doctrine of substantive due process as articulated in the two prevailing opinions in Moore v. East Cleveland . The right to use one's own money to hire gladiators, or to fund "speech by proxy," certainly merits significant constitutional protection. These property rights, however, are not entitled to the same protection as the right to say what one pleases.
JEREMIAH W. (JAY) NIXON, ATTORNEY GENERAL
OF MISSOURI,
et al.
, PETITIONERS
v.
SHRINK
MISSOURI GOVERNMENT PAC
et al.
on writ of certiorari to the united states court of
appeals for the eighth circuit
[January 24, 2000]
Justice Breyer , with whom Justice Ginsburg joins, concurring.
The dissenters accuse the Court of weakening the First Amendment. They believe that failing to adopt a "strict scrutiny" standard "balance[s] away First Amendment freedoms." Post , at 1 (opinion of Thomas, J .). But the principal dissent oversimplifies the problem faced in the campaign finance context. It takes a difficult constitutional problem and turns it into a lopsided dispute between political expression and government censorship. Under the cover of this fiction and its accompanying formula, the dissent would make the Court absolute arbiter of a difficult question best left, in the main, to the political branches. I write separately to address the critical question of how the Court ought to review this kind of problem, and to explain why I believe the Court's choice here is correct.
If the dissent believes that the Court diminishes the importance of the First Amendment interests before us, it is wrong. The Court's opinion does not question the constitutional importance of political speech or that its protection lies at the heart of the First Amendment. Nor does it question the need for particularly careful, precise, and independent judicial review where, as here, that protection is at issue. But this is a case where constitutionally protected interests lie on both sides of the legal equation. For that reason there is no place for a strong presumption against constitutionality, of the sort often thought to accompany the words "strict scrutiny." Nor can we expect that mechanical application of the tests associated with "strict scrutiny"--the tests of "compelling interests" and "least restrictive means"--will properly resolve the difficult constitutional problem that campaign finance statutes pose. Cf.
Kovacs
v.
Cooper,
On the one hand, a decision to contribute money to a campaign is a matter of First Amendment concern--not because money
is
speech (it is not); but because it
enables
speech. Through contributions the contributor associates himself with the candidate's cause, helps the candidate communicate a political message with which the contributor agrees, and helps the candidate win by attracting the votes of similarly minded voters.
Buckley
v.
Valeo,
On the other hand, restrictions upon the amount any one individual can contribute to a particular candidate seek to protect the integrity of the electoral process--the means through which a free society democratically translates political speech into concrete governmental action. See
id.
,
at 26-27;
Burroughs
v.
United States,
In service of these objectives, the statute imposes restrictions of degree. It does not deny the contributor the opportunity to associate with the candidate through a contribution, though it limits a contribution's size. Nor does it prevent the contributor from using money (alone or with others) to pay for the expression of the same views in other ways. Instead, it permits all supporters to contribute the same amount of money, in an attempt to make the process fairer and more democratic.
Under these circumstances, a presumption against constitutionality is out of place. I recognize that
Buckley
used language that could be interpreted to the contrary. It said, for example, that it rejected "the concept that government may restrict the speech of some elements of our society in order to enhance the relative voice of others."
In such circumstances--where a law significantly implicates competing constitutionally protected interests in complex ways--the Court has closely scrutinized the statute's impact on those interests, but refrained from employing a simple test that effectively presumes unconstitutionality. Rather, it has balanced interests. And in practice that has meant asking whether the statute burdens any one such interest in a manner out of proportion to the statute's salutary effects upon the others (perhaps, but not necessarily, because of the existence of a clearly superior, less restrictive alternative). Where a legislature has significantly greater institutional expertise, as, for example, in the field of election regulation, the Court in practice defers to empirical legislative judgments--at least where that deference does not risk such constitutional evils as, say, permitting incumbents to insulate themselves from effective electoral challenge. This approach is that taken in fact by
Buckley
for contributions, and is found generally where competing constitutional interests are implicated, such as privacy, see,
e.g.
,
Frisby
v.
Schultz,
Applying this approach to the present case, I would uphold the statute essentially for the reasons stated by the Court. I agree that the legislature understands the problem--the threat to electoral integrity, the need for democratization--better than do we. We should defer to its political judgment that unlimited spending threatens the integrity of the electoral process. But we should not defer in respect to whether its solution, by imposing too low a contribution limit, significantly increases the reputation-related or media-related advantages of incumbency and thereby insulates legislators from effective electoral challenge. The statutory limit here, $1,075 (or 378, 1976 dollars), is low enough to raise such a question. But given the empirical information presented--the type of election at issue; the record of adequate candidate financing post-reform; and the fact that the statute indexes the amount for inflation--I agree with the Court that the statute does not work disproportionate harm. The limit may have prevented the plaintiff, Zev David Fredman, from financing his own campaign for office, for Fredman's support among potential contributors was not sufficiently widespread. But any contribution statute (like any statute setting ballot eligibility requirements, see,
e.g.,
Jenness
v.
Fortson,
The approach I have outlined here is consistent with the approach this Court has taken in many complex First Amendment cases. See
supra
, at 4-5. The
Buckley
decision, as well, might be interpreted as embodying sufficient flexibility for the problem at hand. After all,
Buckley
's holding seems to leave the political branches broad authority to enact laws regulating contributions that take the form of "soft money." It held public financing laws constitutional,
But what if I am wrong about Buckley ? Suppose Buckley denies the political branches sufficient leeway to enact comprehensive solutions to the problems posed by campaign finance. If so, like Justice Kennedy , I believe the Constitution would require us to reconsider Buckley . With that understanding I join the Court's opinion.
JEREMIAH W. (JAY) NIXON, ATTORNEY GENERAL
OF MISSOURI,
et al.
, PETITIONERS
v.
SHRINK
MISSOURI GOVERNMENT PAC
et al.
on writ of certiorari to the united states court of
appeals for the eighth circuit
[January 24, 2000]
Justice Kennedy , dissenting.
The Court's decision has lasting consequences for political speech in the course of elections, the speech upon which democracy depends. Yet in defining the controlling standard of review and applying it to the urgent claim presented, the Court seems almost indifferent. Its analysis would not be acceptable for the routine case of a single protester with a hand-scrawled sign, see
City of Ladue
v.
Gilleo,
It would be no answer to say that this is a routine application of our analysis in
Buckley
v.
Valeo,
I
Zev David Fredman asks us to evaluate his speech claim in the context of a system which favors candidates and officeholders whose campaigns are supported by soft money, usually funneled through political parties. The Court pays him no heed. The plain fact is that the compromise the Court invented in
Buckley
set the stage for a new kind of speech to enter the political system. It is covert speech. The Court has forced a substantial amount of political speech underground, as contributors and candidates devise ever more elaborate methods of avoiding contribution limits, limits which take no account of rising campaign costs. The preferred method has been to conceal the real purpose of the speech. Soft money may be contributed to political parties in unlimited amounts, see
Colorado Republican Federal Campaign Comm.
v.
Federal Election Comm'n,
The irony that we would impose this regime in the name of free speech ought to be sufficient ground to reject Buckley 's wooden formula in the present case. The wrong goes deeper, however. By operation of the Buckley rule, a candidate cannot oppose this system in an effective way without selling out to it first. Soft money must be raised to attack the problem of soft money. In effect, the Court immunizes its own erroneous ruling from change. Rulings of this Court must never be viewed with more caution than when they provide immunity from their own correction in the political process and in the forum of unrestrained speech. The melancholy history of campaign finance in Buckley 's wake shows what can happen when we intervene in the dynamics of speech and expression by inventing an artificial scheme of our own.
The case in one sense might seem unimportant. It appears that Mr. Fredman was an outsider candidate who may not have had much of a chance. Yet, by binding him to the outdated limit of $1075 per contribution in a system where parties can raise soft money without limitation and a powerful press faces no restrictions on use of its own resources to back its preferred candidates, the Court tells Mr. Fredman he cannot challenge the status quo unless he first gives into it. This is not the First Amendment with which I am familiar.
To defend its extension of Buckley to present times, the Court, of course, recites the dangers of corruption, or the appearance of corruption, when an interested person contributes money to a candidate. What the Court does not do is examine and defend the substitute it has encouraged, covert speech funded by unlimited soft money. In my view that system creates dangers greater than the one it has replaced. The first danger is the one already mentioned: that we require contributors of soft money and its beneficiaries to mask their real purpose. Second, we have an indirect system of accountability that is confusing, if not dispiriting, to the voter. The very disaffection or distrust that the Court cites as the justification for limits on direct contributions has now spread to the entire political discourse. Buckley has not worked.
My colleagues in the majority, in my respectful submission, do much disservice to our First Amendment jurisprudence by failing to acknowledge or evaluate the whole operation of the system that we ourselves created in Buckley . Our First Amendment principles surely tell us that an interest thought to be the compelling reason for enacting a law is cast into grave doubt when a worse evil surfaces in the law's actual operation. And our obligation to examine the operation of the law is all the more urgent when the new evil is itself a distortion of speech. By these measures the law before us cannot pass any serious standard of First Amendment review.
Among the facts the Court declines to take into account is the emergence of cyberspace communication by which political contributions can be reported almost simultaneously with payment. The public can then judge for itself whether the candidate or the officeholder has so overstepped that we no longer trust him or her to make a detached and neutral judgment. This is a far more immediate way to assess the integrity and the performance of our leaders than through the hidden world of soft money and covert speech.
Officeholders face a dilemma inherent in the democratic process and one that has never been easy to resolve: how to exercise their best judgment while soliciting the continued support and loyalty of constituents whose interests may not always coincide with that judgment. Edmund Burke captured the tension in his
Speeches at Bristol
. "Your representative owes you, not his industry only, but his judgment; and he betrays instead of serving you, if he sacrifices it to your opinion." E. Burke, Speeches of the Right Hon. Edmund Burke 130 (J. Burke ed. 1867). Whether our officeholders can discharge their duties in a proper way when they are beholden to certain interests both for reelection and for campaign support is, I should think, of constant concern not alone to citizens but to conscientious officeholders themselves. There are no easy answers, but the Constitution relies on one: open, robust, honest, unfettered speech that the voters can examine
and assess in an ever-changing and more complex
environment.
II
To this point my view may seem to be but a reflection of what Justice Thomas has written, and to a large extent I agree with his insightful and careful discussion of our precedents. If an ensuing chapter must be written, I may well come out as he does, for his reasoning and my own seem to point to the conclusion that the legislature can do little by way of imposing limits on political speech of this sort. For now, however, I would leave open the possibility that Congress, or a state legislature, might devise a system in which there are some limits on both expenditures and contributions, thus permitting officeholders to concentrate their time and efforts on official duties rather than on fundraising. For the reasons I have sought to express, there are serious constitutional questions to be confronted in enacting any such scheme, but I would not foreclose it at the outset. I would overrule Buckley and then free Congress or state legislatures to attempt some new reform, if, based upon their own considered view of the First Amendment, it is possible to do so. Until any reexamination takes place, however, the existing distortion of speech caused by the half-way house we created in Buckley ought to be eliminated. The First Amendment ought to be allowed to take its own course without further obstruction from the artificial system we have imposed. It suffices here to say that the law in question does not come even close to passing any serious scrutiny.
For these reasons, though I am in substantial agreement with what Justice Thomas says in his opinion, I have thought it necessary to file a separate dissent.
JEREMIAH W. (JAY) NIXON, ATTORNEY GENERAL
OF MISSOURI,
et al.
, PETITIONERS
v.
SHRINK
MISSOURI GOVERNMENT PAC
et al.
on writ of certiorari to the united states court of
appeals for the eighth circuit
[January 24, 2000]
Justice Thomas , with whom Justice Scalia joins, dissenting.
In the process of ratifying Missouri's sweeping repression of political speech, the Court today adopts the analytic fallacies of our flawed decision in
Buckley
v.
Valeo,
Because the Court errs with each step it takes, I dissent. As I indicated in
Colorado Republican Federal Campaign Comm.
v.
Federal Election Comm'n,
I
I begin with a proposition that ought to be unassailable: Political speech is the primary object of First Amendment protection. See,
e.g.
,
Mills
v.
Alabama,
I do not start with these foundational principles because the Court openly disagrees with them--it could not, for they are solidly embedded in our precedents. See,
e.g.
,
Eu
v.
San Francisco County Democratic Central Comm.,
II
At bottom, the majority's refusal to apply strict scrutiny to contribution limits rests upon Buckley 's discounting of the First Amendment interests at stake. The analytic foundation of Buckley , however, was tenuous from the very beginning and has only continued to erode in the intervening years. What remains of Buckley fails to provide an adequate justification for limiting individual contributions to political candidates.
A
To justify its decision upholding contribution limitations while striking down expenditure limitations, the Court in
Buckley
explained that expenditure limits "represent substantial rather than merely theoretical restraints on the quantity and diversity of political speech,"
Buckley
v.
Valeo,
But this was a faulty distinction ab initio because it ignored the reality of how speech of all kinds is disseminated:
"Even in the case of a direct expenditure, there is usually some go-between that facilitates the dissemination of the spender's message--for instance, an advertising agency or a television station. To call a contribution `speech by proxy' thus does little to differentiate it from an expenditure. The only possible difference is that contributions involve an extra step in the proxy chain. But again, that is a difference in form, not substance."
Colorado Republican
,
And, inasmuch as the speech-by-proxy argument was disconnected from the realities of political speech to begin with, it is not surprising that we have firmly rejected it since
Buckley
. In
Federal Election Comm'n
v.
National Conservative Political Action Comm.,
Without the assistance of the speech-by-proxy argument, the remainder of
Buckley
's rationales founder. Those rationales--that the "quantity of communication by the contributor does not increase perceptibly with the size of his contribution,"
Buckley
v.
Valeo,
supra
, at 21 (quoted
ante
, at 6), that "the size of the contribution provides a very rough index of the intensity of the contributor's support for the candidate,"
The decision of individuals to speak through contributions rather than through independent expenditures is entirely reasonable.
4
Political campaigns are largely candidate focused and candidate driven. Citizens recognize that the best advocate for a candidate (and the policy positions he supports) tends to be the candidate himself. And candidate organizations also offer other advantages to citizens wishing to partake in political expression. Campaign organizations offer a ready-built, convenient means of communicating for donors wishing to support and amplify political messages. Furthermore, the leader of the organization--the candidate--has a strong self-interest in efficiently expending funds in a manner that maximizes the power of the messages the contributor seeks to disseminate. Individual citizens understandably realize that they "may add more to political discourse by giving rather than spending, if the donee is able to put the funds to more productive use than can the individual."
Colorado Republican,
518 U. S.
,
at 636
(
Thomas
, J., concurring in judgment and dissenting in part). See also
Federal Election Comm'n
v.
Massachusetts Citizens for Life, Inc.,
In the end,
Buckley
's claim that contribution limits "d[o] not in any way infringe the contributor's freedom to discuss candidates and issues,"
B
The Court in
Buckley
denigrated the speech interests not only of contributors, but also of candidates. Although the Court purported to be concerned about the plight of candidates, it nevertheless proceeded to disregard their interests without justification. The Court did not even attempt to claim that contribution limits do not suppress the speech of political candidates. See
The Court's flawed and unsupported aggregate approach ignores both the rights and value of individual candidates. The First Amendment "is designed and intended to remove governmental restraints from the arena of public discussion, putting the decision as to what views shall be voiced largely into the hands of
each of us
, in the hope that use of such freedom will ultimately produce a more capable citizenry and more perfect polity and in the belief that no other approach would comport with the premise of
individual
dignity and choice upon which our political system rests."
Cohen
v.
California,
In my view, the Constitution leaves it entirely up to citizens and candidates to determine who shall speak, the means they will use, and the amount of speech sufficient to inform and persuade. Buckley 's ratification of the government's attempt to wrest this fundamental right from citizens was error.
III
Today, the majority blindly adopts Buckley 's flawed reasoning without so much as pausing to consider the collapse of the speech-by-proxy argument or the reality that Buckley 's remaining premises fall when deprived of that support. 7
After ignoring these shortcomings, the Court proceeds to apply something less--much less--than strict scrutiny. Just how much less the majority never says. The Court in
Buckley
at least purported to employ a test of " `closest scrutiny.' "
Unfortunately, the majority does not stop with a revision of
Buckley
's labels. After hiding behind
Buckley
's discredited reasoning and invoking "
Buckley
's standard of scrutiny,"
ante
, at 7, the Court proceeds to significantly extend the holding in that case. The Court's substantive departure from
Buckley
begins with a revision of our compelling-interest jurisprudence. In
Buckley
, the Court indicated that the only interest that could qualify as "compelling" in this area was the government's interest in reducing actual and apparent corruption.
8
Almost a decade after Buckley , we reiterated that "corruption" has a narrow meaning with respect to contribution limitations on individuals:
"Corruption is a subversion of the political process. Elected officials are influenced to act contrary to their obligations of office by the prospect of financial gain to themselves or infusions of money in their campaigns. The hallmark of corruption is the financial
quid pro quo
: dollars for political favors."
National Conservative Political Action Comm.,
In that same opinion, we also used "giving official favors" as a synonym for corruption. Id. , at 498.
The majority today, by contrast, separates "corruption" from its quid pro quo roots and gives it a new, far-reaching (and speech-suppressing) definition, something like "[t]he perversion of anything from an original state of purity." 3 Oxford English Dictionary , supra, at 974. See also Webster's Third New International Dictionary, supra, at 512 ("a departure from what is pure or correct"). And the Court proceeds to define that state of purity, casting aspersions on "politicians too compliant with the wishes of large contributors." Ante , at 9. "But precisely what the `corruption' may consist of we are never told with assurance." National Conservative Political Action Comm., supra , at 498. Presumably, the majority does not mean that politicians should be free of attachments to constituent groups. 9 And the majority does not explicitly rely upon the "harm" that the Court in Buckley rejected out of hand, namely, that speech could be regulated to equalize the voices of citizens. Buckley v. Valeo , supra , at 48-49. Instead, without bothering to offer any elaboration, much less justification, the majority permits vague and unenumerated harms to suffice as a compelling reason for the government to smother political speech.
In refashioning
Buckley
, the Court then goes on to weaken the requisite precision in tailoring, while at the same time representing that its fiat "do[es] not relax
Buckley
's standard."
Ante
, at 10, n. 4. The fact is that the majority ratifies a law with a much broader sweep than that approved in
Buckley
. In
Buckley
, the Court upheld contribution limits of $1,000 on individuals and $5,000 on political committees (in 1976 dollars).
The Court also reworks
Buckley
's aggregate approach to the free speech rights of candidates. It begins on the same track as
Buckley
, noting that "a showing of one affected individual does not point up a system of suppressed political advocacy that would be unconstitutional under
Buckley
."
Ante
, at 17. See also,
e.g.
,
ante
, at 16 (claiming that candidates " `are still able to amass impressive campaign war chests' " (quoting
Shrink Missouri Government PAC
v.
Adams
, 5 F. Supp. 2d 734, 741 (ED Mo. 1998))). But the Court quickly deviates from
Buckley
, persuading itself that Missouri's limits do not suppress political speech because, prior to the enactment of contribution limits, "97.62 percent of all contributors to candidates for state auditor made contributions of $2,000 or less."
Ante
, at 17. But this statistical anecdote offers the Court no refuge and the citizenry no comfort. As an initial matter, the statistic provides no assurance that Missouri's law has not reduced the resources supporting political speech, since the largest contributors provide a disproportionate amount of funds. The majority conspicuously offers no data revealing the percentage of funds provided by large contributors. (At least the Court in
Buckley
relied on the
percentage of funds
raised by contributions in excess of the limits.
Given the majority's ill-advised and illiberal aggregate rights approach, it is unsurprising that the Court's
pro forma
hunt for suppressed speech proves futile. See
ante
, at 15-18. Such will always be the case, for courts have no yardstick by which to judge the proper amount and effectiveness of campaign speech. See,
e.g.
, Smith, Faulty Assumptions and Undemocratic Consequences of Campaign Finance Reform, 105 Yale L. J. 1049, 1061 (1996). I, however, would not fret about such matters. The First Amendment vests choices about the proper amount and effectiveness of political advocacy not in the government--whether in the legislatures or the courts--but in the
people.
IV
In light of the importance of political speech to republican government, Missouri's substantial restriction of speech warrants strict scrutiny, which requires that contribution limits be narrowly tailored to a compelling governmental interest. See
Buckley
v.
American Constitutional Law Foundation, Inc.,
Missouri does assert that its contribution caps are aimed at preventing actual and apparent corruption. Brief for Petitioners 26-28. As we have noted, "preventing corruption or the appearance of corruption are the only legitimate and compelling government interests thus far identified for restricting campaign finances."
National Conservative Political Action Comm.,
In the end, contribution limitations find support only in the proposition that other means will not be as effective at rooting out corruption. But when it comes to a significant infringement on our fundamental liberties, that some undesirable conduct may not be deterred is an insufficient justification to sweep in vast amounts of protected political speech. Our First Amendment precedents have repeatedly stressed this point. For example, in
Martin
v.
City of Struthers, supra,
we struck down an ordinance prohibiting door-to-door distribution of handbills. Although we recognized that "burglars frequently pose as canvassers,"
id
., at 144, we also noted that door-to-door distribution was "useful [to] members of society engaged in the dissemination of ideas in accordance with the best tradition of free discussion,"
id.
, at 145. We then struck down the ordinance, observing that the "dangers of distribution can so easily be controlled by traditional legal methods."
Id
., at 147. Similarly, in
Riley
v.
National Federation of Blind of N. C., Inc.,
The same principles apply here, and dictate a result contrary to the one the majority reaches. States are free to enact laws that directly punish those engaged in corruption and require the disclosure of large contributions, but they are not free to enact generalized laws that suppress a tremendous amount of protected speech along with the targeted corruption.
V
Because the Court unjustifiably discounts the First Amendment interests of citizens and candidates, and consequently fails to strictly scrutinize the inhibition of political speech and competition, I respectfully dissent.
Respondents sued members of the Missouri Ethics Commission, the Missouri attorney general, and the St. Louis County prosecuting attorney. Shrink Missouri Government PAC v. Adams , 5 F. Supp. 2d 734, 737 (ED Mo. 1998).
Footnote
2
Chief Judge Bowman also would have found the law invalid because the contribution limits were severely tailored beyond any need to serve the State's interest. Comparing the Missouri limits with those considered in
Buckley
, the Chief Judge said that "[a]fter inflation, limits of $1,075, $525, and $275 cannot compare with the $1,000 limit approved in
Buckley
twenty-two years ago," and "can only be regarded as `too low to allow meaningful participation in protected political speech and association.' " 161 F. 3d, at 522-523 (quoting
Day
v.
Holahan
,
34 F. 3d 1356, 1366 (CA8 1994), cert. denied,
Judge Gibson dissented from the panel's decision. Ibid.
Footnote
3
The quoted language addressed the correlative overbreadth challenge. On the point of classifying the standard of scrutiny, compare
Roberts
v.
United States Jaycees
,
Footnote
4
In arguing that the
Buckley
standard should not be relaxed, respondents Shrink Missouri and Fredman suggest that a candidate like Fredman suffers because contribution limits favor incumbents over challengers. Brief for Respondents Shrink Missouri Government PAC et al. 23-24. This is essentially an equal protection claim, which
Buckley
squarely faced. We found no support for the proposition that an incumbent's advantages were leveraged into something significantly more powerful by contribution limitations applicable to all candidates, whether veterans or upstarts,
Footnote
5
Cf.
Federal Election Comm'n
v.
National Right to Work Comm.,
Footnote
6
Cf.
Renton
v.
Playtime Theatres, Inc.,
Footnote
7
Two of respondents'
amici
raise the different argument, that contribution limits are insufficiently narrow, in the light of disclosure requirements and bribery laws as less restrictive mechanisms for dealing with
quid pro quo
threats and apprehensions. Brief for Pacific Legal Foundation et al. as
Amici Curiae
23-29. We specifically rejected this notion in
Buckley
, where we said that anti-bribery laws "deal with only the most blatant and specific attempts of those with money to influence government action," and that "Congress was surely entitled to conclude that disclosure was only a partial measure, and that contribution ceilings were a necessary legislative concomitant to deal with the reality or appearance of corruption inherent in a system permitting unlimited financial contributions, even when the identities of the contributors and the amounts of their contributions are fully disclosed."
Buckley
v.
Valeo,
Footnote
8
This case does not, however, involve any claim that the Missouri law has restricted access to the ballot in any election other than that for state auditor.
Footnote
9
Similarly, data showed that less than 1.5 percent of the contribu-
tors to candidates in the 1992 election for Missouri secretary of state made aggregate contributions in excess of $2,000. 5 F. Supp. 2d, at 741; App. 35.
Unless, of course, the prohibition entirely forecloses a channel of communication, such as the use of paid petition circulators. See,
e.g.,
Meyer
v.
Grant,
New York Times Co.
v.
Sullivan,
Footnote
2
Loper v. New York City Police Dept. 999 F. 2d 699 (CA2 1993); Sandul v. Larion , 119 F. 3d 1250 (CA6 1997); One World One Family Now v. Miami Beach , 175 F. 3d 1282 (CA11 1999); East Hartford Education Assoc . v. Board of Education of East Hartford , 562 F. 2d 838 (CA2 1977).
Footnote
3
If one were to accept the speech-by-proxy point and consider a contribution a mere symbolic gesture,
Buckley
's auxiliary arguments still falter. The claim that a large contribution receives less protection because it only expresses the "intensity of the contributor's support for the candidate,"
Buckley
v.
Valeo,
Footnote
4
Justice
Stevens
asserts that "[m]oney is property; it is not speech,"
ante
, at 1 (concurring opinion), and contends that there is no First Amendment right "to hire mercenaries" and "to hire gladiators,"
ante
, at 2. These propositions are directly contradicted by many of our precedents. For example, in
Meyer
v.
Grant,
Footnote
5
Even if contributions to a candidate were not the most effective means of speaking--and contribution caps left political speech "significantly unimpaired,"
ante,
at 7--an individual's choice of that mode of expression would still be protected. "The First Amendment protects [individuals'] right not only to advocate their cause but also to select what they believe to be the most effective means for so doing."
Meyer, supra
, at 424 (opinion of the Court by
Stevens, J.
). See also
Glickman
v.
Wileman Brothers & Elliott, Inc.,
Footnote
6
Buckley
's approach to associational freedom is also unsound. In defense of its decision, the Court in
Buckley
explained that contribution limits "leave the contributor free to become a member of any political association and to assist personally in the association's efforts on behalf of candidates."
Footnote
7
Implicitly, however, the majority downplays its reliance upon the speech-by-proxy argument. In fact, the majority reprints nearly all of
Buckley
's analysis of contributors' speech interests, block quoting almost an entire paragraph from that decision. See
ante
, at 6 (quoting
Buckley
v.
Valeo,
Footnote
8
The Court in
Buckley
explicitly rejected two other proffered rationales for campaign finance regulation as out of tune with the First Amendment: equalization of the ability of citizens to affect the outcome of elections and controlling the costs of campaigns. See
Footnote
9
The Framers of course thought such attachments inevitable in a free society and that faction would infest the political process. As to controlling faction, James Madison explained, "There are again two methods of removing the causes of faction: the one, by destroying the liberty which is essential to its existence; the other, by giving to every citizen the same opinions, the same passions, and the same interests." The Federalist No. 10, p. 78 (C. Rossiter ed. 1961). Contribution caps are an example of the first method, which Madison contemptuously dismissed:
"It could never be more truly said than of the first remedy that it was worse than the disease. Liberty is to faction what air is to fire, an aliment without which it instantly expires. But it could not be a less folly to abolish liberty, which is essential to political life, because it nourishes faction than it would be to wish the annihilation of air, which is essential to animal life, because it imparts to fire its destructive agency." Ibid.
The Framers preferred a political system that harnessed such faction for good, preserving liberty while also ensuring good government. Rather than adopting the repressive "cure" for faction that the majority today endorses, the Framers armed individual citizens with a remedy. "If a faction consists of less than a majority, relief is supplied by the republican principle, which enables the majority to defeat its sinister views by regular vote." Id. , at 80.
Footnote
10
The majority's statistical analysis also overlooks the quantitative data in the record that directly undercut its position that Missouri's law does not create "a system of suppressed political advocacy." Ante , at 17. For example, the Court does not bother to note that following the imposition of contribution limits, total combined spending during primary and general elections for five statewide offices was cut by over half, falling from $21,599,000 to $9,337,000. See App. 24-28. Significantly, total primary election expenditures in each of the races decreased. Ibid . In fact, after contribution limits were imposed, overall spending in statewide primary elections plummeted 89 percent, falling from $14,249,000 to $1,625,000. Ibid . Most importantly, the majority does not bother to mention that before spending caps were enacted each of the 10 statewide primary elections was contested, with two to four candidates vying for every nomination in 1992. After caps were enacted, however, only 1 of the 10 primary elections was contested. Overall, the total number of candidates participating in statewide primaries fell from 32 to 11. See ibid . Even if these data do not conclusively show that Missouri's contribution limits diminish political speech (although it is undeniable that the data strongly suggest such a result), they at least cast great doubt on the majority's assumption that the picture is rosy.
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Citation: 528 U.S. 377
No. 98-963
Argued: October 05, 1999
Decided: January 24, 2000
Court: United States Supreme Court
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