44
CITIZENS UNITED v. FEDERAL ELECTION COMM’N
Opinion of STEVENS, J.
rately to criticize the expenditure restriction as applied to
unions, even though the Court declined to pass on its
constitutionality. Ante, at 27–28. Two features of these
cases are of far greater relevance. First, those Justices
were writing separately; which is to say, their position
failed to command a majority. Prior to today, this was a
fact we found significant in evaluating precedents. Sec
ond, each case in this line expressed support for the prin
ciple that corporate and union political speech financed
with PAC funds, collected voluntarily from the organiza
tion’s stockholders or members, receives greater protection
than speech financed with general treasury funds.60
——————
60 See
Pipefitters v. United States, 407 U. S. 385, 409, 414–415 (1972)
(reading the statutory bar on corporate and union campaign spending
not to apply to “the voluntary donations of employees,” when main
tained in a separate account, because “[t]he dominant [legislative]
concern in requiring that contributions be voluntary was, after all, to
protect the dissenting stockholder or union member”); Automobile
Workers, 352 U. S., at 592 (advising the District Court to consider on
remand whether the broadcast in question was “paid for out of the
general dues of the union membership or [whether] the funds [could] be
fairly said to have obtained on a voluntary basis”); United States v.
CIO, 335 U. S. 106, 123 (1948) (observing that “funds voluntarily
contributed [by union members or corporate stockholders] for election
purposes” might not be covered by the expenditure bar). Both the
Pipefitters and the Automobile Workers Court approvingly referenced
Congress’ goal of reducing “the effect of aggregated wealth on federal
elections,” understood as wealth drawn from a corporate or union
general treasury without the stockholders’ or members’ “free and
knowing choice.” Pipefitters, 407 U. S., at 416; see Automobile Workers,
352 U. S., at 582.
The two dissenters in Pipefitters would not have read the statutory
provision in question, a successor to §304 of the Taft-Hartley Act, to
allow such robust use of corporate and union funds to finance otherwise
prohibited electioneering. “This opening of the door to extensive
corporate and union influence on the elective and legislative processes,”
Justice Powell wrote, “must be viewed with genuine concern. This
seems to me to be a regressive step as contrasted with the numerous
legislative and judicial actions in recent years designed to assure that
elections are indeed free and representative.” 407 U. S., at 450 (opinion