Cite as: 609 U. S. ____ (2026)
9
Opinion of the Court
particularly Colorado II in 2001—cloud the issue and
require additional and more nuanced analysis.
This Court’s precedents start with the basic precept that
when “the Government restricts speech, the Government
bears the burden of proving the constitutionality of its
actions.” McCutcheon v. Federal Election Comm’n, 572
U. S. 185, 210 (2014) (plurality opinion) (quotation marks
omitted).3 Restrictions on campaign expenditures for
political speech are permitted only in the exceedingly rare
circumstances where they promote a compelling interest
and are the “least restrictive means to further the
articulated interest.” Id., at 197.
The Court has held that statutory limits on contributions
to candidates or parties—as distinct from limits on
expenditures—are subject to “closely drawn” scrutiny, a
nominally “lesser but still rigorous standard of review.”
Ibid. (quotation marks omitted). The Government must
demonstrate “a sufficiently important interest” and employ
means “closely drawn” to that interest. Ibid. (quotation
marks omitted).
In recent cases such as McCutcheon and Cruz, the Court
has stressed that, in order to satisfy closely drawn scrutiny,
a regulation may not be “disproportionate” and must be
“necessary” and “narrowly tailored” to its asserted goal.
McCutcheon, 572 U. S., at 199 (law must avoid
“unnecessary” abridgment of speech to survive “rigorous”
review (quotation marks omitted)); id., at 218 (law must be
“narrowly tailored” to meet the objective (quotation marks
omitted)); id., at 220 (law cannot be “disproportionate to the
Government’s interest”); Cruz, 596 U. S., at 306 (law must
be “necessary for the interest it seeks to protect”).
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3 In McCutcheon, THE CHIEF JUSTICE wrote the controlling opinion for
four Justices. See Marks v. United States, 430 U. S. 188, 193 (1977).
JUSTICE THOMAS concurred in the judgment on broader grounds.