Cite as: 558 U. S. ____ (2010) 15 Opinion of STEVENS, J. ruled that §203 does not apply to Hillary.13 Second, the Court could have expanded the MCFL ex­ emption to cover §501(c)(4) nonprofits that accept only a de minimis amount of money from for-profit corporations. Citizens United professes to be such a group: Its brief says it “is funded predominantly by donations from individuals who support [its] ideological message.” Brief for Appellant 5. Numerous Courts of Appeal have held that de minimis business support does not, in itself, remove an otherwise qualifying organization from the ambit of MCFL.14 This Court could have simply followed their lead.15 Finally, let us not forget Citizens United’s as-applied constitutional challenge. Precisely because Citizens —————— 13 The Court entirely ignores this statutory argument. It concludes that §203 applies to Hillary on the basis of the film’s content, ante, at 7–8, without considering the possibility that §203 does not apply to video-on-demand transmissions generally. 14 See Colorado Right to Life Comm., Inc. v. Coffman, 498 F. 3d 1137, 1148 (CA10 2007) (adopting this rule and noting that “every other circuit to have addressed this issue” has done likewise); Brief for Independent Sector as Amicus Curiae 10–11 (collecting cases). The Court rejects this solution in part because the Government “merely suggest[s] it” and “does not say that it agrees with the interpretation.” Ante, at 11. Our colleagues would thus punish a defendant for showing insufficient excitement about a ground it has advanced, at the same time that they decide the case on a ground the plaintiff expressly abandoned. The Court also protests that a de minimis standard would “requir[e] intricate case-by-case determinations.” Ante, at 12. But de minimis tests need not be intricate at all. A test that granted MCFL status to §501(c)(4) organizations if they received less than a fixed dollar amount of business donations in the previous year, or if such donations represent less than a fixed percentage of their total assets, would be perfectly easy to understand and administer. 15 Another bypassed ground, not briefed by the parties, would have been to revive the Snowe-Jeffords Amendment in BCRA §203(c), allowing certain nonprofit corporations to pay for electioneering com­ munications with general treasury funds, to the extent they can trace the payments to individual contributions. See Brief for National Rifle Association as Amicus Curiae 5–15 (arguing forcefully that Congress intended this result).