OCTOBER TERM, 1975
Per Curiam
424 U. S.
tures covered by the limitation.
The section prohibits
"any expenditure ... relative to a clearly identified candi-
date during a calendar year which, when added to all
other expenditures . . . advocating the election or defeat
of such candidate, exceeds $1,000." (Emphasis added.)
This context clearly permits, if indeed it does not require,
the phrase "relative to" a candidate to be read to mean
"advocating the election or defeat of" a candidate.49
But while such a construction of § 608 (e) (1) refocuses
the vagueness question, the Court of Appeals was mistaken in thinking that this construction eliminates the
problem of unconstitutional vagueness altogether. 171
U. S. App. D. C., at 204, 519 F. 2d, at 853. For the
distinction between discussion of issues and candidates
and advocacy of election or defeat of candidates may
often dissolve in practical application. Candidates, especially incumbents, are intimately tied to public issues
involving legislative proposals and governmental actions.
Not only do candidates campaign on the basis of their
positions on various public issues, but campaigns themselves generate issues of public interest." In an analo49 This interpretation of "relative to" a clearly identified candidate is supported by the discussion of § 608 (e) (1) in the Senate
Report, S. Rep. No. 93-689, p. 19 (1974), the House Report, H. R.
Rep. No. 93-1239, p. 7 (1974), the Conference Report, S. Conf. Rep.
No. 93-1237, pp. 56-57 (1974), and the opinion of the Court of
Appeals, 171 U. S. App. D. C., at 203-204, 519 F. 2d, at 852-853.
50 In connection with another provision containing the same advocacy language appearing in § 608 (e) (1), the Court of Appeals
concluded:
"Public discussion of public issues which also are campaign issues
readily and often unavoidably draws in candidates and their positions, their voting records and other official conduct. Discussions of
those issues, and as well more positive efforts to influence public
opinion on them, tend naturally and inexorably to exert some influence on voting at elections." 171 U. S. App. D. C., at 226, 519
F. 2d, at 875.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents