Cite as: 572 U. S. ____ (2014)
29
Opinion of ROBERTS, C. J.
to prove, pointing to eight FEC cases that did not proceed
because of insufficient evidence of a donor’s incriminating
knowledge. See post, at 24–25. It might be that such
guilty knowledge could not be shown because the donors
were not guilty—a possibility that the dissent does not
entertain. In any event, the donors described in those
eight cases were typically alleged to have exceeded the
base limits by $5,000 or less. The FEC’s failure to find the
requisite knowledge in those cases hardly means that the
agency will be equally powerless to prevent a scheme in
which a donor routes millions of dollars in excess of the
base limits to a particular candidate, as in the dissent’s
“Example Two.” And if an FEC official cannot establish
knowledge of circumvention (or establish affiliation) when
the same ten donors contribute $10,000 each to 200 newly
created PACs, and each PAC writes a $10,000 check to the
same ten candidates—the dissent’s “Example Three”—
then that official has not a heart but a head of stone. See
post, at 19–20, 25.
The dissent concludes by citing three briefs for the
proposition that, even with the aggregate limits in place,
individuals “have transferred large sums of money to
specific candidates” in excess of the base limits. Post, at
26. But the cited sources do not provide any real-world
examples of circumvention of the base limits along the
lines of the various hypotheticals. The dearth of FEC
prosecutions, according to the dissent, proves only that
people are getting away with it. And the violations that
surely must be out there elude detection “because in the
real world, the methods of achieving circumvention are
more subtle and more complex” than the hypothetical
examples. Ibid. This sort of speculation, however, cannot
justify the substantial intrusion on First Amendment
rights at issue in this case.
Buckley upheld aggregate limits only on the ground that
they prevented channeling money to candidates beyond
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