6
individuals and groups to influence the outcome of elections”
does not justify regulation. Id. at 48.
In Davis v. FEC, the Court strongly reiterated that
“equalization” is not a “legitimate government objective.”
128 S. Ct. 2759, 2773 (2008). The Davis Court approvingly
quoted Justice Kennedy’s observation in Austin v. Michigan
State Chamber of Commerce that “the notion that the
government has a legitimate interest in restricting the quantity
of speech to equalize the relative influence of speakers on
elections” is “antithetical to the First Amendment.” Id.
(citation and internal quotation marks omitted); see also
Austin v. Mich. State Chamber of Commerce, 494 U.S. 652,
684 (1990) (Scalia, J., dissenting) (“This illiberal free-speech
principle of ‘one man, one minute’ was proposed and soundly
rejected in Buckley”).2
Third, the Court has recognized a strong governmental
interest in combating corruption and the appearance thereof.
See Buckley, 424 U.S. at 26-27, 45-48; see also McConnell v.
FEC, 540 U.S. 93, 154 (2003). This, indeed, is the only
interest the Court thus far has recognized as justifying
campaign finance regulation. Davis, 128 S. Ct. at 2773
(“Preventing corruption or the appearance of corruption are
2
The Court’s rejection of the equalization argument is
consistent with its broader First Amendment jurisprudence: “As a
general matter, the American First Amendment tradition requires
that the financial, political, or rhetorical imbalance between the
proponents of competing arguments is insufficient to justify
government intervention to correct that imbalance.” Frederick
Schauer & Richard H. Pildes, Electoral Exceptionalism and the
First Amendment, 77 TEX. L. REV. 1803, 1825 (1999); see
generally Lillian R. BeVier, Money and Politics: A Perspective on
the First Amendment and Campaign Finance Reform, 73 CAL. L.
REV. 1045 (1985).