8
NATIONAL REPUBLICAN SENATORIAL COMMITTEE v.
FEDERAL ELECTION COMM’N
Opinion of the Court
to whom of political activities and communications. What
policy positions should the party and candidate adopt and
emphasize? When and where should the party and
candidate run campaign ads? What is the best content for
party ads? For candidate ads? For candidate and surrogate
speeches? Which voters should the party and candidate
target? How best to use social media? How can the party
and candidate avoid duplication of effort? How can the
party and candidate best get out the vote? The list goes on.
In light of those day-to-day activities, parties and
candidates have traditionally coordinated during
campaigns. That coordination has formed “the essence of
our Nation’s party system of government.” Colorado II, 533
U. S., at 477 (THOMAS, J., dissenting). For nearly 200 years
after the ratification of the First Amendment, parties could
spend freely to support their candidates during campaigns
and could do so in coordination with the candidates.
Notably, no one suggests “that these elections were not
functional or that they were marred by corruption.” Id., at
473 (quotation marks and citation omitted).
But the modern congressional limits on political-party
coordinated expenditures restrict that coordination and the
party’s speech. The limits impair the party’s traditional
forms of communication such as advertisements; preclude
parties from amplifying the voice of their adherents; impose
additional monetary costs and burdens on political parties;
and inflict a “stifling effect on the ability of the party to do
what it exists to do.” Colorado I, 518 U. S., at 630 (opinion
of Kennedy, J.); see also Colorado II, 533 U. S., at 469–471
(THOMAS, J., dissenting).
B
As a matter of text and history, therefore, the restriction
on political-party coordinated expenditures would appear to
violate the First Amendment. But the Court’s precedents—