Cite as: 558 U. S. ____ (2010)
89
Opinion of STEVENS, J.
protection provides a basis for regulating expenditures in
the weeks before an election, not whether additional types
of corporate communications might similarly be condi
tioned on voluntariness.
Recognizing the limits of the shareholder protection
rationale, the Austin Court did not hold it out as an ade
quate and independent ground for sustaining the statute
in question. Rather, the Court applied it to reinforce the
antidistortion rationale, in two main ways. First, the
problem of dissenting shareholders shows that even if
electioneering expenditures can advance the political
views of some members of a corporation, they will often
compromise the views of others. See, e.g., id., at 663 (dis
cussing risk that corporation’s “members may be . . . reluc
tant to withdraw as members even if they disagree with
[its] political expression”). Second, it provides an addi
tional reason, beyond the distinctive legal attributes of the
corporate form, for doubting that these “expenditures
reflect actual public support for the political ideas es
poused,” id., at 660. The shareholder protection rationale,
in other words, bolsters the conclusion that restrictions on
corporate electioneering can serve both speakers’ and
listeners’ interests, as well as the anticorruption interest.
And it supplies yet another reason why corporate expendi
tures merit less protection than individual expenditures.
V
Today’s decision is backwards in many senses. It ele
vates the majority’s agenda over the litigants’ submis
sions, facial attacks over as-applied claims, broad constitu
tional theories over narrow statutory grounds, individual
dissenting opinions over precedential holdings, assertion
over tradition, absolutism over empiricism, rhetoric over
reality. Our colleagues have arrived at the conclusion that
Austin must be overruled and that §203 is facially uncon
stitutional only after mischaracterizing both the reach and
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