7
the only legitimate and compelling government interests thus
far identified for restricting campaign finances.”) (citation and
internal quotation marks omitted). Importantly, the Court has
emphasized that the anti-corruption rationale is not boundless.
The core corruption that Government may permissibly target
with campaign finance regulation “is the financial quid pro
quo: dollars for political favors.” FEC v. Nat’l Conservative
PAC (NCPAC), 470 U.S. 480, 497 (1985). This anticorruption interest is implicated by contributions to
candidates: “To the extent that large contributions are given
to secure a political quid pro quo from current and potential
office holders, the integrity of our system of representative
democracy is undermined.” Buckley, 424 U.S. at 26-27; see
also Citizens Against Rent Control v. City of Berkeley, 454
U.S. 290, 296-97 (1981) (“Buckley identified a single narrow
exception to the rule that limits on political activity were
contrary to the First Amendment”; the exception relates “to
the perception of undue influence of large contributors to a
candidate”).
Based on the close relationship between
candidates and parties and record evidence demonstrating that
political parties sold access to candidates in exchange for
contributions, the Court has held that the anti-corruption
interest also justifies limits on contributions to parties. See
McConnell, 540 U.S. at 154; see also Buckley, 424 U.S. at
38.3
Fourth, in applying the anti-corruption rationale, the
Court has afforded stronger protection to expenditures by
citizens and groups (for example, for advertisements, get-outthe-vote efforts, and voter registration activities) than it has
3
Contributions include coordinated expenditures – that is,
expenditures coordinated with a candidate or party.
See
McConnell, 540 U.S. at 121; FEC v. Colo. Republican Fed.
Campaign Comm., 533 U.S. 431, 443 (2001); see also 2 U.S.C. §
441a(a)(7)(B).