Cite as: 609 U. S. ____ (2026)
17
Opinion of the Court
disclosure offers much more robust protections against
corruption” than it once did. Ibid. “Because massive
quantities of information can be accessed at the click of a
mouse, disclosure is effective to a degree not possible” when
the Court decided earlier cases—including Colorado II. 572
U. S., at 224. Indeed, McCutcheon’s observations on that
point are even more true today than they were in 2014
given continued technological advances.
That transparency matters both factually and legally.
Factually, as the Court has explained, disclosure can “deter
actual corruption and avoid the appearance of corruption by
exposing large contributions and expenditures to the light
of publicity.” Id., at 223 (quotation marks omitted).
Disclosure can help trigger investigations of whether a
donor and party have violated earmarking laws. Legally,
the Court in McCutcheon stressed that “disclosure often
represents a less restrictive alternative to flat bans on
certain types or quantities of speech.” Ibid.
To all of that, amicus and intervenors retort that the
earmarking and disclosure rules, while useful, are not
adequate to prevent circumvention of the base contribution
limits.
But especially given the significant First
Amendment rights at stake here, those counterarguments
are ultimately unpersuasive.
As for earmarking rules, amicus and intervenors contend
that they leave a gap “where a donor simply expects that
his donation will go to a particular candidate, without
actively directing his funds.” Brief for Court-Appointed
Amicus Curiae 43.
But under this Court’s current
precedents, a mere expectation or hope does not itself
equate to circumvention or rise to the level of quid pro quo
corruption or its appearance, especially given a donor’s lack
of control over the funds once contributed to the party.
McCutcheon, 572 U. S., at 210–211. The possibility that a
political party might act in accordance with a contributor’s
expectations or hopes—or is even likely to do so—is not