20
NATIONAL REPUBLICAN SENATORIAL COMMITTEE v.
FEDERAL ELECTION COMM’N
Opinion of the Court
First Amendment burden.” McCutcheon, 572 U. S., at 210
(quotation marks omitted).
The base limits on contributions to candidates serve as
an initial prophylaxis against quid pro quo corruption or its
appearance in this context—after all, most contributions to
candidates are not given in exchange for some official
action. Id., at 221. The earmarking rules constitute a
second prophylaxis. The disclosure requirements supply a
third prophylaxis. So prophylaxis upon prophylaxis upon
prophylaxis already serve to prevent quid pro quo
corruption or its appearance.
The political-party coordinated-expenditure limits at
issue here would operate as a fourth line of defense. Such
a “prophylaxis-upon-prophylaxis approach requires that we
be particularly diligent in scrutinizing the law’s fit.” Ibid.
(quotation marks omitted). But the fourth prophylaxis
imposes a severe and direct restriction on free speech and
infringes fundamental First Amendment values.
Otherwise stated, the restriction on political-party
coordinated expenditures is “disproportionate” and is not
“necessary” and “narrowly tailored” to the Government’s
interest in preventing circumvention of the base
contribution limits. Id., at 199, 218, 220 (quotation marks
omitted); Cruz, 596 U. S., at 306.
On that last point, it is worth briefly focusing on the term
“disproportionate” from McCutcheon. In this campaign
finance context, determining how much regulation is
enough to serve the Government’s asserted interest is not a
scientific exercise. But in light of the First Amendment
free-speech rights at stake, courts must be particularly
vigilant. Courts cannot simply say, “what’s the harm in
allowing just one more regulation” when that regulation
would limit freedom of speech. On the contrary, courts
must preserve and protect the freedom of speech
guaranteed by the Framers. Necessary, narrowly tailored,
and disproportionate may be technical legal terms, but they