36
MCCUTCHEON v. FEDERAL ELECTION COMM’N
Opinion of ROBERTS, C. J.
at 275–277 (opinion of THOMAS, J.). For that reason,
disclosure often represents a less restrictive alternative to
flat bans on certain types or quantities of speech. See,
e.g., Federal Election Comm’n v. Massachusetts Citizens
for Life, Inc., 479 U. S. 238, 262 (1986).
With modern technology, disclosure now offers a particularly effective means of arming the voting public with
information. In 1976, the Court observed that Congress
could regard disclosure as “only a partial measure.” Buckley, 424 U. S., at 28. That perception was understandable
in a world in which information about campaign contributions was filed at FEC offices and was therefore virtually
inaccessible to the average member of the public. See
Brief for Cause of Action Institute as Amicus Curiae 15–
16. Today, given the Internet, disclosure offers much more
robust protections against corruption. See Citizens United,
supra, at 370–371. Reports and databases are available on the FEC’s Web site almost immediately after they
are filed, supplemented by private entities such as OpenSecrets.org and FollowTheMoney.org. Because massive
quantities of information can be accessed at the click of a
mouse, disclosure is effective to a degree not possible at
the time Buckley, or even McConnell, was decided.
The existing aggregate limits may in fact encourage the
movement of money away from entities subject to disclosure. Because individuals’ direct contributions are
limited, would-be donors may turn to other avenues for
political speech. See Citizens United, supra, at 364. Individuals can, for example, contribute unlimited amounts to
501(c) organizations, which are not required to publicly
disclose their donors. See 26 U. S. C. §6104(d)(3). Such
organizations spent some $300 million on independent
expenditures in the 2012 election cycle.
V
At oral argument, the Government shifted its focus from
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