8
provided to their contributions to candidates or parties. The
Court has explained that contributions to a candidate or party
pose a greater risk of quid pro quo corruption than do
expenditures. See Buckley, 424 U.S. at 46-47. At the same
time, the Court has stated that limits on contributions to
candidates or parties pose only a “marginal restriction upon
the contributor’s ability to engage in free communication.”
Id. at 20-21. By contrast, expenditure restrictions limit
“political expression at the core of our electoral process and
of the First Amendment freedoms.” Id. at 39 (internal
quotation marks omitted). 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.” Id. at 19. The Court’s jurisprudence, in
short, reflects a “fundamental constitutional difference
between money spent to advertise one’s views independently
of the candidate’s campaign and money contributed to the
candidate to be spent on his campaign.” NCPAC, 470 U.S. at
497 (emphases added); see also Randall v. Sorrell, 548 U.S.
230, 241-42 (2006).4
4
Many have criticized the distinction between contributions
and expenditures because, in their view, they are “two sides of the
same First Amendment coin.” Buckley, 424 U.S. at 241 (opinion of
Burger, C.J.). Some contend that limits on contributions and
expenditures are both suspect under the First Amendment. See id.;
id. at 290 (opinion of Blackmun, J); see also Shrink Mo. Gov’t
PAC, 528 U.S. at 410 (Thomas, J., dissenting). Others argue that
the interest in limiting contributions similarly justifies restricting
expenditures. See Buckley, 424 U.S. at 260-62 (opinion of White,
J.). The Court thus far has rebuffed both critiques and adhered to
the Buckley divide. See Randall, 548 U.S. at 242 (“Over the last 30
years, in considering the constitutionality of a host of different