12
CITIZENS UNITED v. FEDERAL ELECTION COMM’N
Opinion of the Court
true in the context of the First Amendment. As the Gov
ernment stated, this case “would require a remand” to
apply a de minimis standard. Tr. of Oral Arg. 39 (Sept. 9,
2009). Applying this standard would thus require case-by
case determinations. But archetypical political speech
would be chilled in the meantime. “ ‘First Amendment
freedoms need breathing space to survive.’ ” WRTL, supra,
at 468–469 (opinion of ROBERTS, C. J.) (quoting NAACP v.
Button, 371 U. S. 415, 433 (1963)). We decline to adopt an
interpretation that requires intricate case-by-case deter
minations to verify whether political speech is banned,
especially if we are convinced that, in the end, this corpo
ration has a constitutional right to speak on this subject.
E
As the foregoing analysis confirms, the Court cannot
resolve this case on a narrower ground without chilling
political speech, speech that is central to the meaning and
purpose of the First Amendment. See Morse v. Frederick,
551 U. S. 393, 403 (2007). It is not judicial restraint to
accept an unsound, narrow argument just so the Court can
avoid another argument with broader implications. In
deed, a court would be remiss in performing its duties
were it to accept an unsound principle merely to avoid the
necessity of making a broader ruling. Here, the lack of a
valid basis for an alternative ruling requires full consid
eration of the continuing effect of the speech suppression
upheld in Austin.
Citizens United stipulated to dismissing count 5 of its
complaint, which raised a facial challenge to §441b, even
though count 3 raised an as-applied challenge. See App.
23a (count 3: “As applied to Hillary, [§441b] is unconstitu
tional under the First Amendment guarantees of free
expression and association”). The Government argues
that Citizens United waived its challenge to Austin by
dismissing count 5. We disagree.