Cite as: 558 U. S. ____ (2010)
1
Opinion of THOMAS, J.
SUPREME COURT OF THE UNITED STATES
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No. 08–205
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CITIZENS UNITED, APPELLANT v. FEDERAL
ELECTION COMMISSION
ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR
THE DISTRICT OF COLUMBIA
[January 21, 2010]
JUSTICE THOMAS, concurring in part and dissenting in
part.
I join all but Part IV of the Court’s opinion.
Political speech is entitled to robust protection under
the First Amendment. Section 203 of the Bipartisan
Campaign Reform Act of 2002 (BCRA) has never been
reconcilable with that protection. By striking down §203,
the Court takes an important first step toward restoring
full constitutional protection to speech that is “indispensa
ble to the effective and intelligent use of the processes of
popular government.” McConnell v. Federal Election
Comm’n, 540 U. S. 93, 265 (2003) (THOMAS, J., concurring
in part, concurring in judgment in part, and dissenting in
part) (internal quotation marks omitted). I dissent from
Part IV of the Court’s opinion, however, because the
Court’s constitutional analysis does not go far enough.
The disclosure, disclaimer, and reporting requirements in
BCRA §§201 and 311 are also unconstitutional. See id., at
275–277, and n. 10.
Congress may not abridge the “right to anonymous
speech” based on the “ ‘simple interest in providing voters
with additional relevant information,’ ” id., at 276 (quoting
McIntyre v. Ohio Elections Comm’n, 514 U. S. 334, 348
(1995)). In continuing to hold otherwise, the Court misap
prehends the import of “recent events” that some amici
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