OCTOBER TERM, 1975
Per Curiam
424 U. S.
is the reading of the provision suggested by the nongovernmental appellees in arguing that "[f]unds spent
to propagate one's views on issues without expressly calling for a candidate's election or defeat are thus not
covered." We agree that in order to preserve the provision against invalidation on vagueness grounds, § 608
(e) (1) must be construed to apply only to expenditures
for communications that in express terms advocate the
election or defeat of a clearly identified candidate for
federal office.52
We turn then to the basic First Amendment question-whether § 608 (e) (1), even as thus narrowly and
explicitly construed, impermissibly burdens the constitutional right of free expression. The Court of Appeals
summarily held the provision constitutionally valid on
the ground that "section 608 (e) is a loophole-closing
provision only" that is necessary to prevent circumvention of the contribution limitations. 171 U. S. App.
D. C., at 204, 519 F. 2d, at 853. We cannot agree.
The discussion in Part I-A, supra, explains why the
Act's expenditure limitations impose far greater restraints
on the freedom of speech and association than do its contribution limitations. The markedly greater burden on
basic freedoms caused by § 608 (e) (1) thus cannot be sustained simply by invoking the interest in maximizing the
effectiveness of the less intrusive contribution limitations.
Rather, the constitutionality of § 608 (e) (1) turns on
whether the governmental interests advanced in its support satisfy the exacting scrutiny applicable to limitacandidate (e. g., the Democratic Presidential nominee, the senatorial
candidate of the Republican Party of Georgia).
-52 This construction would restrict the application of § 608 (e) (1)
to communications containing express words of advocacy of election
or defeat, such as "vote for," "elect," "support," "cast your ballot
for," "Smith for Congress," "vote against," "defeat," "reject."
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