Cite as: 533 U. S. 431 (2001)
THOMAS, J., dissenting
tures are constitutionally invalid, see Buckley, supra, at
58-59; see also Federal Election Comm'n v. National Conservative PoliticalAction Comm., 470 U. S. 480, 501 (1985).
The rationale for this distinction between contributions and
independent expenditures has been that, whereas ceilings on
contributions by individuals and political committees "entai[l] only a marginal restriction" on First Amendment interests, Buckley, 424 U. S., at 20, limitations on independent
expenditures "impose significantly more severe restrictions
on protected freedoms of political expression and association," id., at 23.
A
The Court notes this existing rationale and attempts simply to treat coordinated expenditures by political parties
as equivalent to contributions by individuals and political
committees. Thus, at least implicitly, the Court draws two
conclusions: coordinated expenditures are no different from
contributions, and political parties are no different from
individuals and political committees. Both conclusions are
flawed.
1
The Court considers a coordinated expenditure to be an
"'expenditur[e] made by any person in cooperation, consultation, or concert, with, or at the request or suggestion of,
a candidate, his authorized political committees, or their
agents."' Ante, at 438 (quoting 2 U. S. C. § 441a(a)(7)(B)(i)).
This definition covers a broad array of conduct, some of
which is akin to an independent expenditure. At one extreme, to be sure, are outlays that are "virtually indistinguishable from simple contributions." Colorado I, 518 U. S.,
at 624 (opinion of BREYER, J.). An example would be "a
donation of money with direct payment of a candidate's
media bills." Ibid. But toward the other end of the spectrum are expenditures that largely resemble, and should be
entitled to the same protection as, independent expenditures.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents