OCTOBER TERM, 1975
Opinion of BURGER, C. J.
424 U. S.
spoken of the broad coverage of the First Amendment,
especially in the area of political dialogue:
"[T]o assure unfettered interchange of ideas for the
bringing about of political and social changes desired
by the people," Roth v. United States, 354 U. S.
476, 484 (1957);
and:
"IT]here is practically universal agreement that a
major purpose of [the First] Amendment was to protect the free discussion of governmental affairs ...
[including] discussions of candidates . .. ," Mills v.
Alabama, 384 U. S. 214, 218 (1966);
and again:
"[Ilt can hardly be doubted that the constitutional
guarantee [of the First Amendment) has its fullest
and most urgent application precisely to the conduct
of campaigns for political office." Monitor Patriot
Co. v. Roy, 401 U. S. 265, 272 (1971).
To accept this generalization one need not agree that the
Amendment has its "fullest and most urgent application"
only in the political area, for others would think religious
freedom is on the same or even a higher plane. But I
doubt that the Court would tolerate for an instant a limitation on contributions to a church or other religious
cause; however grave an "evil" Congress thought the
limits would cure, limits on religious expenditures would
most certainly fall as well. To limit either contributions
or expenditures as to churches would plainly restrict "the
free exercise" of religion. In my view Congress can no
more ration political expression than it can ration religious expression; and limits on political or religious contributions and expenditures effectively curb expression in
both areas. There are many prices we pay for the freedoms secured by the First Amendment; the risk of undue
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