Cite as: 596 U. S. ____ (2022)
17
Opinion of the Court
ance of corruption. Essentially all the Government’s evidence, however, concerns the sort of “corruption,” loosely
conceived, that we have repeatedly explained is not legitimately regulated under the First Amendment.
The academic article—cited for various propositions by
both sides—concludes that “indebted politicians” are “more
likely to switch their votes” if they receive contributions
from the banking or insurance industries. Ovtchinnikov,
Debt 31. But the authors explicitly note that they cannot
distinguish between voting pattern changes traceable to legitimate donor influence or access, and voting pattern
changes as part of an illicit quid pro quo. See A. Ovtchinnikov & P. Valta, Self-Funding of Political Campaigns, Management Science, Articles in Advance 18 (April 7, 2022)
(Ovtchinnikov, Self-Funding). As noted, our precedents demand adherence to that distinction. See, e.g., McCutcheon,
572 U. S., at 209. The authors also state that their analysis
is merely a “first step” in understanding whether politicians’ self-funding decisions impact voting behavior, because they cannot “pin down a causal link” yet. Ovtchinnikov, Self-Funding 21.
The online poll the Government asks us to consider
similarly misses the mark. The poll, conducted at the Government’s behest for this litigation, reports that most respondents thought it “very likely” or “likely” that a person
who “donate[s] money to a candidate’s campaign after the
election expect[s] a political favor in return.” App. 351–352.
But it failed to ask whether those same respondents
thought it likely that donors who contribute to a campaign
before the election also are likely to expect political favors
in return. Nor did the poll mention that the individual base
limits still apply to such contributions. And it failed to define the term “political favor,” leaving unclear the critical
issue whether the respondents associated such contributions with the direct exchange of money for official acts,