Cite as: 558 U. S. ____ (2010)
55
Opinion of STEVENS, J.
the restrictions on those expenditures were justified by a
compelling state interest. See McConnell, 540 U. S., at
205; Austin, 494 U. S., at 658, 660. We acknowledged in
Bellotti that numerous “interests of the highest impor
tance” can justify campaign finance regulation. 435 U. S.,
at 788–789. But we found no evidence that these interests
were served by the Massachusetts law. Id., at 789. We
left open the possibility that our decision might have been
different if there had been “record or legislative findings
that corporate advocacy threatened imminently to under
mine democratic processes, thereby denigrating rather
than serving First Amendment interests.” Ibid.
Austin and McConnell, then, sit perfectly well with
Bellotti. Indeed, all six Members of the Austin majority
had been on the Court at the time of Bellotti, and none so
much as hinted in Austin that they saw any tension be
tween the decisions. The difference between the cases is
not that Austin and McConnell rejected First Amendment
protection for corporations whereas Bellotti accepted it.
The difference is that the statute at issue in Bellotti
smacked of viewpoint discrimination, targeted one class of
corporations, and provided no PAC option; and the State
has a greater interest in regulating independent corporate
expenditures on candidate elections than on referenda,
because in a functioning democracy the public must have
faith that its representatives owe their positions to the
people, not to the corporations with the deepest pockets.
*
*
*
In sum, over the course of the past century Congress has
demonstrated a recurrent need to regulate corporate
participation in candidate elections to “ ‘[p]reserv[e] the
integrity of the electoral process, preven[t] corruption, . . .
sustai[n] the active, alert responsibility of the individual
citizen,’ ” protect the expressive interests of shareholders,
and “ ‘[p]reserv[e] . . . the individual citizen’s confidence in