16
CITIZENS UNITED v. FEDERAL ELECTION COMM’N
Opinion of STEVENS, J.
United looks so much like the MCFL organizations we
have exempted from regulation, while a feature-length
video-on-demand film looks so unlike the types of electoral
advocacy Congress has found deserving of regulation, this
challenge is a substantial one. As the appellant’s own
arguments show, the Court could have easily limited the
breadth of its constitutional holding had it declined to
adopt the novel notion that speakers and speech acts must
always be treated identically—and always spared expendi
tures restrictions—in the political realm. Yet the Court
nonetheless turns its back on the as-applied review proc
ess that has been a staple of campaign finance litigation
since Buckley v. Valeo, 424 U. S. 1 (1976) (per curiam), and
that was affirmed and expanded just two Terms ago in
WRTL, 551 U. S. 449.
This brief tour of alternative grounds on which the case
could have been decided is not meant to show that any of
these grounds is ideal, though each is perfectly “valid,”
ante, at 12 (majority opinion).16 It is meant to show that
there were principled, narrower paths that a Court that
was serious about judicial restraint could have taken.
There was also the straightforward path: applying Austin
and McConnell, just as the District Court did in holding
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16 THE
CHIEF JUSTICE finds our discussion of these narrower solutions
“quite perplexing” because we suggest that the Court should “latch on
to one of them in order to avoid reaching the broader constitutional
question,” without doing the same ourselves. Ante, at 3. There is
nothing perplexing about the matter, because we are not similarly
situated to our colleagues in the majority. We do not share their view
of the First Amendment. Our reading of the Constitution would not
lead us to strike down any statutes or overturn any precedents in this
case, and we therefore have no occasion to practice constitutional
avoidance or to vindicate Citizens United’s as-applied challenge. Each
of the arguments made above is surely at least as strong as the statu
tory argument the Court accepted in last year’s Voting Rights Act case,
Northwest Austin Municipal Util. Dist. No. One v. Holder, 557 U. S. __
(2009).