6
CITIZENS UNITED v. FEDERAL ELECTION COMM’N
Opinion of THOMAS, J.
“the advent of the Internet” enables “prompt disclosure of
expenditures,” which “provide[s]” political opponents “with
the information needed” to intimidate and retaliate
against their foes. Ante, at 55. Thus, “disclosure permits
citizens . . . to react to the speech of [their political oppo
nents] in a proper”—or undeniably improper—“way” long
before a plaintiff could prevail on an as-applied challenge.2
Ibid.
I cannot endorse a view of the First Amendment that
subjects citizens of this Nation to death threats, ruined
careers, damaged or defaced property, or pre-emptive and
threatening warning letters as the price for engaging in
“core political speech, the ‘primary object of First Amend
ment protection.’ ” McConnell, 540 U. S., at 264 (THOMAS,
J., concurring in part, concurring in judgment in part, and
dissenting in part) (quoting Nixon v. Shrink Missouri
Government PAC, 528 U. S. 377, 410–411 (2000) (THOMAS,
J., dissenting)). Accordingly, I respectfully dissent from
the Court’s judgment upholding BCRA §§201 and 311.
——————
2 But cf. Hill v. Colorado, 530 U. S. 703, 707–710 (2000) (approving a
statute restricting speech “within 100 feet” of abortion clinics because it
protected women seeking an abortion from “ ‘sidewalk counseling,’ ”
which “consists of efforts ‘to educate, counsel, persuade, or inform
passersby about abortion and abortion alternatives by means of verbal
or written speech,’ ” and which “sometimes” involved “strong and
abusive language in face-to-face encounters”).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents