BUCKLEY v. VALEO
Per Curiam
gous context, this Court in Thomas v.Collins, 323 U. S.
516 (1945), observed:
"[W]hether words intended and designed to fall
short of invitation would miss that mark is a question
both of intent and of effect. No speaker, in such
circumstances, safely could assume that anything
he might say upon the general subject would not be
understood by some as an invitation. In short, the
supposedly clear-cut distinction between discussion,
laudation, general advocacy, and solicitation puts
the speaker in these circumstances wholly at the
mercy of the varied understanding of his hearers and
consequently of whatever inference may be drawn
as to his intent and meaning.
"Such a distinction offers no security for free discussion. In these conditions it blankets with uncertainty whatever may be said. It compels the
speaker to hedge and trim." Id., at 535.
See also United States v. Auto. Workers, 352 U. S.
567, 595-596 (1957) (Douglas, J., dissenting); Gitlow v.
New York, 268 U. S. 652, 673 (1925) (Holmes, J.,
dissenting).
The constitutional deficiencies described in Thomas v.
Collins can be avoided only by reading § 608 (e) (1) as
limited to communications that include explicit words of
advocacy of election or defeat of a candidate, much as
the definition of "clearly identified" in § 608 (e) (2) requires that an explicit and unambiguous reference to the
candidate appear as part of the communication. 1 This
51 Section 608 (e) (2) defines "clearly identified" to require that
the candidate's name, photograph or drawing, or other unambiguous
reference to his identity appear as part of the communication. Such
other unambiguous reference would include use of the candidate's
initials (e. g.,FDR), the candidate's nickname (e. g., Ike), his office
(e. g., the President or the Governor of Iowa), or his status as a
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