Cite as: 558 U. S. ____ (2010)
5
ROBERTS, C. J., concurring
constitutional to prohibit corporate political speech—
would similarly govern future cases. Regardless whether
we label Citizens United’s claim a “facial” or “as-applied”
challenge, the consequences of the Court’s decision are the
same.1
II
The text and purpose of the First Amendment point in
the same direction: Congress may not prohibit political
speech, even if the speaker is a corporation or union.
What makes this case difficult is the need to confront our
prior decision in Austin.
This is the first case in which we have been asked to
overrule Austin, and thus it is also the first in which we
have had reason to consider how much weight to give stare
decisis in assessing its continued validity. The dissent
erroneously declares that the Court “reaffirmed” Austin’s
holding in subsequent cases—namely, Federal Election
Comm’n v. Beaumont, 539 U. S. 146 (2003); McConnell;
and WRTL. Post, at 48–50. Not so. Not a single party in
any of those cases asked us to overrule Austin, and as the
dissent points out, post, at 4–6, the Court generally does
not consider constitutional arguments that have not prop
erly been raised. Austin’s validity was therefore not di
rectly at issue in the cases the dissent cites. The Court’s
unwillingness to overturn Austin in those cases cannot be
understood as a reaffirmation of that decision.
A
Fidelity to precedent—the policy of stare decisis—is vital
——————
1 The dissent suggests that I am “much too quick” to reach this con
clusion because I “ignore” Citizens United’s narrower arguments. Post,
at 13, n. 12. But in fact I do not ignore those arguments; on the con
trary, I (and my colleagues in the majority) appropriately consider and
reject them on their merits, before addressing Citizens United’s broader
claims. Supra, at 2–3; ante, at 5–12.