Cite as: 558 U. S. ____ (2010)
5
Opinion of THOMAS, J.
Ante, at 51 (internal quotation marks and citations omit
ted). Of course they do. Disclaimer and disclosure re
quirements enable private citizens and elected officials to
implement political strategies specifically calculated to
curtail campaign-related activity and prevent the lawful,
peaceful exercise of First Amendment rights.
The Court nevertheless insists that as-applied chal
lenges to disclosure requirements will suffice to vindicate
those speech rights, as long as potential plaintiffs can
“show a reasonable probability that disclosure . . . will
subject them to threats, harassment, or reprisals from
either Government officials or private parties.” Ante, at 52
(internal quotation marks omitted). But the Court’s opin
ion itself proves the irony in this compromise. In correctly
explaining why it must address the facial constitutionality
of §203, see ante, at 5–20, the Court recognizes that “[t]he
First Amendment does not permit laws that force speakers
to . . . seek declaratory rulings before discussing the most
salient political issues of our day,” ante, at 7; that as
applied challenges to §203 “would require substantial
litigation over an extended time” and result in an “inter
pretive process [that] itself would create an inevitable,
pervasive, and serious risk of chilling protected speech
pending the drawing of fine distinctions that, in the end,
would themselves be questionable,” ante, at 9–10; that “a
court would be remiss in performing its duties were it to
accept an unsound principle merely to avoid the necessity
of making a broader ruling,” ante, at 12; and that avoiding
a facial challenge to §203 “would prolong the substantial,
nation-wide chilling effect” that §203 causes, ante, at 16.
This logic, of course, applies equally to as-applied chal
lenges to §§201 and 311.
Irony aside, the Court’s promise that as-applied chal
lenges will adequately protect speech is a hollow assur
ance. Now more than ever, §§201 and 311 will chill pro
tected speech because—as California voters can attest—
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