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CITIZENS UNITED v. FEDERAL ELECTION COMM’N
Opinion of STEVENS, J.
govern themselves. The majority seems oblivious to the
simple truth that laws such as §203 do not merely pit the
anticorruption interest against the First Amendment, but
also pit competing First Amendment values against each
other. There are, to be sure, serious concerns with any
effort to balance the First Amendment rights of speakers
against the First Amendment rights of listeners. But
when the speakers in question are not real people and
when the appeal to “First Amendment principles” depends
almost entirely on the listeners’ perspective, ante, at 1, 48,
it becomes necessary to consider how listeners will actu
ally be affected.
In critiquing Austin’s antidistortion rationale and cam
paign finance regulation more generally, our colleagues
place tremendous weight on the example of media corpora
tions. See ante, at 35–38, 46; ante, at 1, 11 (opinion of
ROBERTS, C. J.); ante, at 6 (opinion of SCALIA, J.). Yet it is
not at all clear that Austin would permit §203 to be ap
plied to them. The press plays a unique role not only in
the text, history, and structure of the First Amendment
but also in facilitating public discourse; as the Austin
Court explained, “media corporations differ significantly
from other corporations in that their resources are devoted
to the collection of information and its dissemination to
the public,” 494 U. S., at 667. Our colleagues have raised
some interesting and difficult questions about Congress’
authority to regulate electioneering by the press, and
about how to define what constitutes the press. But that
is not the case before us. Section 203 does not apply to
media corporations, and even if it did, Citizens United is
not a media corporation. There would be absolutely no
reason to consider the issue of media corporations if the
majority did not, first, transform Citizens United’s as
applied challenge into a facial challenge and, second,
invent the theory that legislatures must eschew all “iden
tity”-based distinctions and treat a local nonprofit news
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