30
CITIZENS UNITED v. FEDERAL ELECTION COMM’N
Opinion of STEVENS, J.
contrast to the blanket rule that the majority espouses,
our cases recognize that the Government’s interests may
be more or less compelling with respect to different classes
of speakers,47 cf. Minneapolis Star & Tribune Co. v. Min
nesota Comm’r of Revenue, 460 U. S. 575, 585 (1983)
(“[D]ifferential treatment” is constitutionally suspect
“unless justified by some special characteristic” of the
regulated class of speakers (emphasis added)), and that
the constitutional rights of certain categories of speakers,
in certain contexts, “ ‘are not automatically coextensive
with the rights’ ” that are normally accorded to members of
our society, Morse v. Frederick, 551 U. S. 393, 396–397,
404 (2007) (quoting Bethel School Dist. No. 403 v. Fraser,
478 U. S. 675, 682 (1986)).
The free speech guarantee thus does not render every
other public interest an illegitimate basis for qualifying a
speaker’s autonomy; society could scarcely function if it
did. It is fair to say that our First Amendment doctrine
has “frowned on” certain identity-based distinctions, Los
Angeles Police Dept. v. United Reporting Publishing Corp.,
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cause they “stand only for the proposition that there are certain gov
ernmental functions that cannot operate without some restrictions on
particular kinds of speech.” Ante, at 25. The majority’s creative sug
gestion that these cases stand only for that one proposition is quite
implausible. In any event, the proposition lies at the heart of this case,
as Congress and half the state legislatures have concluded, over many
decades, that their core functions of administering elections and pass
ing legislation cannot operate effectively without some narrow restric
tions on corporate electioneering paid for by general treasury funds.
47 Outside of the law, of course, it is a commonplace that the identity
and incentives of the speaker might be relevant to an assessment of his
speech. See Aristotle, Poetics 43–44 (M. Heath transl. 1996) (“In
evaluating any utterance or action, one must take into account not just
the moral qualities of what is actually done or said, but also the iden
tity of the agent or speaker, the addressee, the occasion, the means, and
the motive”). The insight that the identity of speakers is a proper
subject of regulatory concern, it bears noting, motivates the disclaimer
and disclosure provisions that the Court today upholds.