Cite as: 558 U. S. ____ (2010)
47
Opinion of STEVENS, J.
It is worth remembering for present purposes that the
four MCFL dissenters, led by Chief Justice Rehnquist,
thought the Court was carrying the First Amendment too
far. They would have recognized congressional authority
to bar general treasury electioneering expenditures even
by this class of nonprofits; they acknowledged that “the
threat from corporate political activity will vary depending
on the particular characteristics of a given corporation,”
but believed these “distinctions among corporations” were
“distinctions in degree,” not “in kind,” and thus “more
properly drawn by the Legislature than by the Judiciary.”
479 U. S., at 268 (opinion of Rehnquist, C. J.) (internal
quotation marks omitted). Not a single Justice suggested
that regulation of corporate political speech could be no
more stringent than of speech by an individual.
Four years later, in Austin, 494 U. S. 652, we considered
whether corporations falling outside the MCFL exception
could be barred from using general treasury funds to make
independent expenditures in support of, or in opposition
to, candidates. We held they could be. Once again recog
nizing the importance of “the integrity of the marketplace
of political ideas” in candidate elections, MCFL, 479 U. S.,
at 257, we noted that corporations have “special advan
tages—such as limited liability, perpetual life, and favor
able treatment of the accumulation and distribution of
assets,” 494 U. S., at 658–659—that allow them to spend
prodigious general treasury sums on campaign messages
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they had to be formed “for the express purpose of promoting political
ideas,” so that their resources reflected political support rather than
commercial success. MCFL, 479 U. S., at 264. Next, they had to have
no shareholders, so that “persons connected with the organization will
have no economic disincentive for disassociating with it if they disagree
with its political activity.” Ibid. Finally, they could not be “established
by a business corporation or a labor union,” nor “accept contributions
from such entities,” lest they “serv[e] as conduits for the type of direct
spending that creates a threat to the political marketplace.” Ibid.