BUCKLEY v. VALEO
1
Opinion of WHITE, J.
money, provision was made for public financing of political campaigns for federal office. A Federal Election
Commission (FEC) was also created to administer the
law.
The disclosure requirements and the limitations on
contributions and expenditures are challenged as invalid
abridgments of the right of free speech protected by the
First Amendment. I would reject these challenges. I
agree with the Court's conclusion and much of its opinion with respect to sustaining the disclosure provisions.
I am also in agreement with the Court's judgment upholding the limitations on contributions. I dissent, however, from the Court's view that the expenditure limitations of 18 U. S. C. §§ 608 (c) and (e) (1970 ed., Supp.
IV) violate the First Amendment.
Concededly, neither the limitations on contributions
nor those on expenditures directly or indirectly purport
to control the content of political speech by candidates
or by their supporters or detractors. What the Act
regulates is giving and spending money, acts that have
First Amendment significance not because they are themselves communicative with respect to the qualifications
of the candidate, but because money may be used to
defray the expenses of speaking or otherwise communicating about the merits or demerits of federal candidates
for election. The act of giving money to political candidates, however, may have illegal or other undesirable
consequences: it may be used to secure the express or
tacit understanding that the giver will enjoy political
favor if the candidate is elected. Both Congress and
this Court's cases have recognized this as a mortal danger
against which effective preventive and curative steps
must be taken.
Since the contribution and expenditure limitations are
neutral as to the content of speech and are not motivated by fear of the consequences of the political speech
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