Cite as: 558 U. S. ____ (2010)
63
Opinion of STEVENS, J.
to a disastrous extent.” Ibid. (internal quotation marks
omitted; alteration in original). A democracy cannot func
tion effectively when its constituent members believe laws
are being bought and sold.
In theory, our colleagues accept this much. As applied
to BCRA §203, however, they conclude “[t]he anticorrup
tion interest is not sufficient to displace the speech here in
question.” Ante, at 41.
Although the Court suggests that Buckley compels its
conclusion, ante, at 40–44, Buckley cannot sustain this
reading. It is true that, in evaluating FECA’s ceiling on
independent expenditures by all persons, the Buckley
Court found the governmental interest in preventing
corruption “inadequate.” 424 U. S., at 45. But Buckley did
not evaluate corporate expenditures specifically, nor did it
rule out the possibility that a future Court might find
otherwise. The opinion reasoned that an expenditure
limitation covering only express advocacy (i.e., magic
words) would likely be ineffectual, ibid., a problem that
Congress tackled in BCRA, and it concluded that “the
independent advocacy restricted by [FECA §608(e)(1)] does
not presently appear to pose dangers of real or apparent
corruption comparable to those identified with large cam
paign contributions,” id., at 46 (emphasis added). Buckley
expressly contemplated that an anticorruption rationale
might justify restrictions on independent expenditures at
a later date, “because it may be that, in some circum
stances, ‘large independent expenditures pose the same
dangers of actual or apparent quid pro quo arrangements
as do large contributions.’ ” WRTL, 551 U. S., at 478
(opinion of ROBERTS, C. J.) (quoting Buckley, 424 U. S., at
45). Certainly Buckley did not foreclose this possibility
with respect to electioneering communications made with
corporate general treasury funds, an issue the Court had
no occasion to consider.
The Austin Court did not rest its holding on quid pro