BUCKLEY v. VALEO
1
Opinion of BuRGER, C. J.
litical partisans give up privacy. Cf. Eastland v. United
States Servicemen's Fund, 421 U. S. 491 (1975). In any
event, the dangers to First Amendment rights here are
too great. Flushing out the names of supporters of
minority parties will plainly have a deterrent effect on
potential contributors, a consequence readily admitted by
the Court, ante, at 71, 83, and supported by the record.4
I would therefore hold unconstitutional the provisions
requiring reporting of contributions of more than $10
and to make a public record of the name, address, and
occupation of a contributor of more than $100.
(2)
CONTRIBUTION AND EXPENDITURE LIMITS
I agree fully with that part of the Court's opinion that
holds unconstitutional the limitations the Act puts on
campaign expenditures which "place substantial and direct restrictions on the ability of candidates, citizens, and
associations to engage in protected political expression,
restrictions that the First Amendment cannot tolerate."
Ante, at 58-59. Yet when it approves similarly stringent
limitations on contributions, the Court ignores the reasons it finds so persuasive in the context of expenditures.
For me contributions and expenditures are two sides of
the same First Amendment coin.
By limiting campaign contributions, the Act restricts
the amount of money that will be spent on political ac4 The record does not show systematic harassment of the sort
involved in NAACP v. Alabama, 357 U. S. 449 (1958). But uncontradicted evidence was adduced with respect to actual experiences
of minor parties indicating a sensitivity on the part of potential
contributors to the prospect of disclosure. See, e. g., District Court
findings of fact, affidavits of Wertheimer ( 6) and Reed ( 8), 2B
App. 736, 742. This evidence suffices when the governmental interest in putting the spotlight on the sources of support for minor parties or splinter groups is so tenuous.
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