Cite as: 558 U. S. ____ (2010)
83
Opinion of STEVENS, J.
legislatures that have passed laws like §203: to safeguard
the integrity, competitiveness, and democratic responsive
ness of the electoral process. All of the majority’s theoreti
cal arguments turn on a proposition with undeniable
surface appeal but little grounding in evidence or experi
ence, “that there is no such thing as too much speech,”
Austin, 494 U. S., at 695 (SCALIA, J., dissenting)).74 If
individuals in our society had infinite free time to listen to
and contemplate every last bit of speech uttered by any
one, anywhere; and if broadcast advertisements had no
special ability to influence elections apart from the merits
of their arguments (to the extent they make any); and if
legislators always operated with nothing less than perfect
virtue; then I suppose the majority’s premise would be
sound. In the real world, we have seen, corporate domina
tion of the airwaves prior to an election may decrease the
average listener’s exposure to relevant viewpoints, and it
may diminish citizens’ willingness and capacity to partici
pate in the democratic process.
None of this is to suggest that corporations can or
should be denied an opportunity to participate in election
campaigns or in any other public forum (much less that a
work of art such as Mr. Smith Goes to Washington may be
banned), or to deny that some corporate speech may con
tribute significantly to public debate. What it shows,
however, is that Austin’s “concern about corporate domi
nation of the political process,” 494 U. S., at 659, reflects
more than a concern to protect governmental interests
outside of the First Amendment. It also reflects a concern
to facilitate First Amendment values by preserving some
breathing room around the electoral “marketplace” of
ideas, ante, at 19, 34, 38, 52, 54, the marketplace in which
the actual people of this Nation determine how they will
——————
74 Of course, no presiding person in a courtroom, legislature, class
room, polling place, or family dinner would take this hyperbole literally.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents