Cite as: 558 U. S. ____ (2010)
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Opinion of STEVENS, J.
“ ‘[t]he concept that government may restrict the speech of
some elements of our society in order to enhance the rela
tive voice of others is wholly foreign to the First Amend
ment.’ ” Ante, at 33 (quoting 424 U. S., at 48–49); ante, at
8 (opinion of ROBERTS, C. J.). But this elegant phrase
cannot bear the weight that our colleagues have placed on
it. For one thing, the Constitution does, in fact, permit
numerous “restrictions on the speech of some in order to
prevent a few from drowning out the many”: for example,
restrictions on ballot access and on legislators’ floor time.
Nixon v. Shrink Missouri Government PAC, 528 U. S. 377,
402 (2000) (BREYER, J., concurring). For another, the
Buckley Court used this line in evaluating “the ancillary
governmental interest in equalizing the relative ability of
individuals and groups to influence the outcome of elec
tions.” 424 U. S., at 48. It is not apparent why this is
relevant to the case before us. The majority suggests that
Austin rests on the foreign concept of speech equalization,
ante, at 34; ante, at 8–10 (opinion of ROBERTS, C. J.), but
we made it clear in Austin (as in several cases before and
since) that a restriction on the way corporations spend
their money is no mere exercise in disfavoring the voice of
some elements of our society in preference to others.
Indeed, we expressly ruled that the compelling interest
supporting Michigan’s statute was not one of “ ‘equaliz[ing]
the relative influence of speakers on elections,’ ” Austin,
494 U. S., at 660 (quoting id., at 705 (KENNEDY, J., dis
senting)), but rather the need to confront the distinctive
corrupting potential of corporate electoral advocacy fi
nanced by general treasury dollars, id., at 659–660.
For that matter, it should go without saying that when
we made this statement in Buckley, we could not have
been casting doubt on the restriction on corporate expendi
tures in candidate elections, which had not been chal
lenged as “foreign to the First Amendment,” ante, at 33
(quoting Buckley, 424 U. S., at 49), or for any other reason.