OCTOBER TERM, 1975
Opinion of BURGER,
C. J.
424 U. S.
In saying that the lines drawn by Congress are "not
wholly without rationality," the Court plainly fails to
apply the traditional test:
"Precision of regulation must be the touchstone in
an area so closely touching on our most precious
freedoms." AAACP v. Button, 371 U. S. 415, 438
(1938).
See, e. g., Aptheker v. Secretary of State, 378 U. S. 500
(1964); United States v. Robel, 389 U. S. 258 (1967);
Lamont v. Postmaster General, supra. The Court's
abrupt departure ' from traditional standards is wrong;
surely a greater burden rests on Congress than merely to
avoid "irrationality" when regulating in the core area of
the First Amendment. Even taking the Court at its
word, the particular dollar amounts fixed by Congress
that must be reported to the Commission fall short of
meeting the test of rationality when measured by the
goals sought to be achieved.
Finally, no legitimate public interest has been shown
in forcing the disclosure of modest contributions that are
the prime support of new, unpopular, or unfashionable
political causes. There is no realistic possibility that
such modest donations will have a corrupting influence
especially on parties that enjoy only "minor" status.
Major parties would not notice them; miner parties need
them. Furthermore, as the Court candidly recognizes,
ante, at 70, minor parties and new parties tend to be
sharply ideological in character, and the public can readily
discern where such parties stand, without resorting to the
indirect device of recording the names of financial supporters. To hold, as the Court has, that privacy must
sometimes yield to congressional investigations of alleged
subversion, is quite different from making domestic po3 Ironically, the Court seems to recognize this principle when
dealing with the limitations on contributions. Ante, at 25.
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