Cite as: 558 U. S. ____ (2010)
85
Opinion of STEVENS, J.
outlet exactly the same as General Motors.75 This calls to
mind George Berkeley’s description of philosophers: “[W]e
have first raised a dust and then complain we cannot see.”
Principles of Human Knowledge/Three Dialogues 38, ¶3
(R. Woolhouse ed. 1988).
It would be perfectly understandable if our colleagues
feared that a campaign finance regulation such as §203
may be counterproductive or self-interested, and therefore
attended carefully to the choices the Legislature has
made. But the majority does not bother to consider such
practical matters, or even to consult a record; it simply
stipulates that “enlightened self-government” can arise
only in the absence of regulation. Ante, at 23. In light of
the distinctive features of corporations identified in Aus
tin, there is no valid basis for this assumption. The mar
ketplace of ideas is not actually a place where items—or
laws—are meant to be bought and sold, and when we
move from the realm of economics to the realm of corpo
rate electioneering, there may be no “reason to think the
market ordering is intrinsically good at all,” Strauss 1386.
The Court’s blinkered and aphoristic approach to the
First Amendment may well promote corporate power at
the cost of the individual and collective self-expression the
Amendment was meant to serve. It will undoubtedly
cripple the ability of ordinary citizens, Congress, and the
States to adopt even limited measures to protect against
corporate domination of the electoral process. Americans
may be forgiven if they do not feel the Court has advanced
——————
75 Under
the majority’s view, the legislature is thus damned if it does
and damned if it doesn’t. If the legislature gives media corporations an
exemption from electioneering regulations that apply to other corpora
tions, it violates the newly minted First Amendment rule against
identity-based distinctions. If the legislature does not give media
corporations an exemption, it violates the First Amendment rights of
the press. The only way out of this invented bind: no regulations
whatsoever.
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