Cite as: 558 U. S. ____ (2010)
87
Opinion of STEVENS, J.
reform. It provided a central motivation for the Tillman
Act in 1907 and subsequent legislation, see Pipefitters v.
United States, 407 U. S. 385, 414–415 (1972); Winkler, 92
Geo. L. J., at 887–900, and it has been endorsed in a long
line of our cases, see, e.g., McConnell, 540 U. S., at 204–
205; Beaumont, 539 U. S., at 152–154; MCFL, 479 U. S., at
258; NRWC, 459 U. S., at 207–208; Pipefitters, 407 U. S.,
at 414–416; see also n. 60, supra. Indeed, we have unani
mously recognized the governmental interest in “pro
tect[ing] the individuals who have paid money into a
corporation or union for purposes other than the support
of candidates from having that money used to support
political candidates to whom they may be opposed.”
NRWC, 459 U. S., at 207–208.
The Court dismisses this interest on the ground that
abuses of shareholder money can be corrected “through
the procedures of corporate democracy,” ante, at 46 (inter
nal quotation marks omitted), and, it seems, through
Internet-based disclosures, ante, at 55.76 I fail to under
stand how this addresses the concerns of dissenting union
members, who will also be affected by today’s ruling, and I
fail to understand why the Court is so confident in these
mechanisms. By “corporate democracy,” presumably the
Court means the rights of shareholders to vote and to
bring derivative suits for breach of fiduciary duty. In
practice, however, many corporate lawyers will tell you
that “these rights are so limited as to be almost nonexis
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76 I note that, among the many other regulatory possibilities it has
left open, ranging from new versions of §203 supported by additional
evidence of quid pro quo corruption or its appearance to any number of
tax incentive or public financing schemes, today’s decision does not
require that a legislature rely solely on these mechanisms to protect
shareholders. Legislatures remain free in their incorporation and tax
laws to condition the types of activity in which corporations may
engage, including electioneering activity, on specific disclosure re
quirements or on prior express approval by shareholders or members.
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