34
CITIZENS UNITED v. FEDERAL ELECTION COMM’N
Opinion of the Court
antidistortion rationale. Austin sought to defend the
antidistortion rationale as a means to prevent corpora
tions from obtaining “ ‘an unfair advantage in the political
marketplace’ ” by using “ ‘resources amassed in the eco
nomic marketplace.’ ” 494 U. S., at 659 (quoting MCFL,
supra, at 257). But Buckley rejected the premise that the
Government has an interest “in equalizing the relative
ability of individuals and groups to influence the outcome
of elections.” 424 U. S., at 48; see Bellotti, supra, at 791,
n. 30. Buckley was specific in stating that “the skyrocket
ing cost of political campaigns” could not sustain the
governmental prohibition. 424 U. S., at 26. The First
Amendment’s protections do not depend on the speaker’s
“financial ability to engage in public discussion.” Id., at
49.
The Court reaffirmed these conclusions when it invali
dated the BCRA provision that increased the cap on con
tributions to one candidate if the opponent made certain
expenditures from personal funds. See Davis v. Federal
Election Comm’n, 554 U. S. ___, ___ (2008) (slip op., at 16)
(“Leveling electoral opportunities means making and
implementing judgments about which strengths should be
permitted to contribute to the outcome of an election. The
Constitution, however, confers upon voters, not Congress,
the power to choose the Members of the House of Repre
sentatives, Art. I, §2, and it is a dangerous business for
Congress to use the election laws to influence the voters’
choices”). The rule that political speech cannot be limited
based on a speaker’s wealth is a necessary consequence of
the premise that the First Amendment generally prohibits
the suppression of political speech based on the speaker’s
identity.
Either as support for its antidistortion rationale or as a
further argument, the Austin majority undertook to dis
tinguish wealthy individuals from corporations on the
ground that “[s]tate law grants corporations special ad