Cite as: 572 U. S. ____ (2014)
3
THOMAS, J., concurring in judgment
limits entail only a “marginal” speech restriction because
“[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.” 424 U. S., at 20,
21. But this Court has never required a speaker to explain
the reasons for his position in order to obtain full First
Amendment protection. Instead, we have consistently
held that speech is protected even “when the underlying
basis for a position is not given.” Shrink Missouri, supra,
at 415, n. 3 (THOMAS, J., dissenting); see, e.g., City of
Ladue v. Gilleo, 512 U. S. 43, 46 (1994) (sign reading “For
Peace in the Gulf ”); Texas v. Johnson, 491 U. S. 397, 415–
416 (1989) (flag burning); Tinker v. Des Moines Independent Community School Dist., 393 U. S. 503, 510–511
(1969) (black armband signifying opposition to Vietnam
War); see also Colorado I, supra, at 640 (opinion of
THOMAS, J.) (“Even a pure message of support, unadorned
with reasons, is valuable to the democratic process”)
Equally unpersuasive is Buckley’s suggestion that contribution limits warrant less stringent review because
“[t]he quantity of communication by the contributor does
not increase perceptibly with the size of his contribution,”
and “[a]t most, the size of the contribution provides a very
rough index of the intensity of the contributor’s support
for the candidate.” 424 U. S., at 21. Contributions do increase the quantity of communication by “amplifying the
voice of the candidate” and “help[ing] to ensure the dissemination of the messages that the contributor wishes to
convey.” Shrink Missouri, supra, at 415 (THOMAS, J.,
dissenting). They also serve as a quantifiable metric of
the intensity of a particular contributor’s support, as
demonstrated by the frequent practice of giving different
amounts to different candidates. Buckley simply failed to
recognize that “we have accorded full First Amendment
protection to expressions of intensity.” Id., at 415, n. 3;
see also Cohen v. California, 403 U. S. 15, 25–26 (1971)
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