Cite as: 572 U. S. ____ (2014)
17
Opinion of ROBERTS, C. J.
said to promote “a government where laws reflect the very
thoughts, views, ideas, and sentiments, the expression of
which the First Amendment protects.” Post, at 7.
But there are compelling reasons not to define the
boundaries of the First Amendment by reference to such a
generalized conception of the public good. First, the dissent’s “collective speech” reflected in laws is of course the
will of the majority, and plainly can include laws that
restrict free speech. The whole point of the First Amendment is to afford individuals protection against such infringements. The First Amendment does not protect
the government, even when the government purports to
act through legislation reflecting “collective speech.” Cf.
United States v. Alvarez, 567 U. S. ___ (2012); Wooley v.
Maynard, 430 U. S. 705 (1977); West Virginia Bd. of Ed. v.
Barnette, 319 U. S. 624 (1943).
Second, the degree to which speech is protected cannot
turn on a legislative or judicial determination that particular speech is useful to the democratic process. The First
Amendment does not contemplate such “ad hoc balancing
of relative social costs and benefits.” United States v.
Stevens, 559 U. S. 460, 470 (2010); see also United States
v. Playboy Entertainment Group, Inc., 529 U. S. 803, 818
(2000) (“What the Constitution says is that” value judgments “are for the individual to make, not for the Government to decree, even with the mandate or approval of a
majority”).
Third, our established First Amendment analysis already takes account of any “collective” interest that may
justify restrictions on individual speech. Under that
accepted analysis, such restrictions are measured against
the asserted public interest (usually framed as an important or compelling governmental interest). As explained below, we do not doubt the compelling nature of
the “collective” interest in preventing corruption in the
electoral process. But we permit Congress to pursue that