Cite as: 558 U. S. ____ (2010)
45
Opinion of the Court
recused, not that the litigant’s political speech could be
banned.
The McConnell record was “over 100,000 pages” long,
McConnell I, 251 F. Supp. 2d, at 209, yet it “does not have
any direct examples of votes being exchanged for . . . ex
penditures,” id., at 560 (opinion of Kollar-Kotelly, J.). This
confirms Buckley’s reasoning that independent expendi
tures do not lead to, or create the appearance of, quid pro
quo corruption. In fact, there is only scant evidence that
independent expenditures even ingratiate.
See 251
F. Supp. 2d, at 555–557 (opinion of Kollar-Kotelly, J.).
Ingratiation and access, in any event, are not corruption.
The BCRA record establishes that certain donations to
political parties, called “soft money,” were made to gain
access to elected officials. McConnell, supra, at 125, 130–
131, 146–152; see McConnell I, 251 F. Supp. 2d, at 471–
481, 491–506 (opinion of Kollar-Kotelly, J.); id., at 842–
843, 858–859 (opinion of Leon, J.). This case, however, is
about independent expenditures, not soft money. When
Congress finds that a problem exists, we must give that
finding due deference; but Congress may not choose an
unconstitutional remedy. If elected officials succumb to
improper influences from independent expenditures; if
they surrender their best judgment; and if they put expe
diency before principle, then surely there is cause for
concern. We must give weight to attempts by Congress to
seek to dispel either the appearance or the reality of these
influences. The remedies enacted by law, however, must
comply with the First Amendment; and, it is our law and
our tradition that more speech, not less, is the governing
rule. An outright ban on corporate political speech during
the critical preelection period is not a permissible remedy.
Here Congress has created categorical bans on speech that
are asymmetrical to preventing quid pro quo corruption.