Cite as: 558 U. S. ____ (2010)
31
Opinion of the Court
“In the realm of protected speech, the legislature is
constitutionally disqualified from dictating the sub
jects about which persons may speak and the speak
ers who may address a public issue.” Id., at 784–785.
It is important to note that the reasoning and holding of
Bellotti did not rest on the existence of a viewpoint
discriminatory statute. It rested on the principle that the
Government lacks the power to ban corporations from
speaking.
Bellotti did not address the constitutionality of the
State’s ban on corporate independent expenditures to
support candidates. In our view, however, that restriction
would have been unconstitutional under Bellotti’s central
principle: that the First Amendment does not allow politi
cal speech restrictions based on a speaker’s corporate
identity. See ibid.
3
Thus the law stood until Austin. Austin “uph[eld] a
direct restriction on the independent expenditure of funds
for political speech for the first time in [this Court’s] his
tory.” 494 U. S., at 695 (KENNEDY, J., dissenting). There,
the Michigan Chamber of Commerce sought to use general
treasury funds to run a newspaper ad supporting a spe
cific candidate. Michigan law, however, prohibited corpo
rate independent expenditures that supported or opposed
any candidate for state office. A violation of the law was
punishable as a felony. The Court sustained the speech
prohibition.
To bypass Buckley and Bellotti, the Austin Court identi
fied a new governmental interest in limiting political
speech: an antidistortion interest. Austin found a compel
ling governmental interest in preventing “the corrosive
and distorting effects of immense aggregations of wealth
that are accumulated with the help of the corporate form
and that have little or no correlation to the public’s sup