466
FEDERAL ELECTION COMM'N v. COLORADO
REPUBLICAN FEDERAL CAMPAIGN COMM.
THOMAS, J., dissenting
Comm., 489 U. S. 214, 223 (1989); Mills v. Alabama, 384 U. S.
214, 218 (1966), and it is the lifeblood of a self-governing people, see Shrink Missouri, supra, at 405 (KENNEDY, J., dissenting) ("[P]olitical speech in the course of elections [is] the
speech upon which democracy depends"). I remain baffled
that this Court has extended the most generous First
Amendment safeguards to filing lawsuits, wearing profane
jackets, and exhibiting drive-in movies with nudity,' but has
offered only tepid protection to the core speech and associational rights that our Founders sought to defend.
In this case, the Government does not attempt to argue
that the Party Expenditure Provision satisfies strict scrutiny, see Perry Ed. Assn. v. Perry Local Educators' Assn.,
460 U. S. 37, 45 (1983) (providing that, under strict scrutiny,
a restriction on speech is constitutional only if it is narrowly
tailored to serve a compelling governmental interest). Nor
could it. For the reasons explained in my separate opinions
in Colorado I, supra, at 641-644, and Shrink Missouri,
supra, at 427-430, the campaign financing law at issue fails
strict scrutiny.
II
We need not, however, overrule Buckley and apply strict
scrutiny in order to hold the Party Expenditure Provision
unconstitutional. Even under Buckley, which described the
requisite scrutiny as "exacting" and "rigorous," 424 U. S., at
16, 29, the regulation cannot pass constitutional muster. In
practice, Buckley scrutiny has meant that restrictions on
contributions by individuals and political committees do not
violate the First Amendment so long as they are "closely
drawn" to match a "sufficiently important" government interest, Shrink Missouri,supra,at 387-389; see also Buckley,
supra, at 58, but that restrictions on independent expendi'NAACP v. Button, 371 U. S. 415, 444 (1963); Cohen v. California,403
U. S. 15, 26 (1971); Erznoznik v. Jacksonville, 422 U. S. 205, 208-215
(1975).
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