Cite as: 558 U. S. ____ (2010) 87 Opinion of STEVENS, J. reform. It provided a central motivation for the Tillman Act in 1907 and subsequent legislation, see Pipefitters v. United States, 407 U. S. 385, 414–415 (1972); Winkler, 92 Geo. L. J., at 887–900, and it has been endorsed in a long line of our cases, see, e.g., McConnell, 540 U. S., at 204– 205; Beaumont, 539 U. S., at 152–154; MCFL, 479 U. S., at 258; NRWC, 459 U. S., at 207–208; Pipefitters, 407 U. S., at 414–416; see also n. 60, supra. Indeed, we have unani­ mously recognized the governmental interest in “pro­ tect[ing] the individuals who have paid money into a corporation or union for purposes other than the support of candidates from having that money used to support political candidates to whom they may be opposed.” NRWC, 459 U. S., at 207–208. The Court dismisses this interest on the ground that abuses of shareholder money can be corrected “through the procedures of corporate democracy,” ante, at 46 (inter­ nal quotation marks omitted), and, it seems, through Internet-based disclosures, ante, at 55.76 I fail to under­ stand how this addresses the concerns of dissenting union members, who will also be affected by today’s ruling, and I fail to understand why the Court is so confident in these mechanisms. By “corporate democracy,” presumably the Court means the rights of shareholders to vote and to bring derivative suits for breach of fiduciary duty. In practice, however, many corporate lawyers will tell you that “these rights are so limited as to be almost nonexis­ —————— 76 I note that, among the many other regulatory possibilities it has left open, ranging from new versions of §203 supported by additional evidence of quid pro quo corruption or its appearance to any number of tax incentive or public financing schemes, today’s decision does not require that a legislature rely solely on these mechanisms to protect shareholders. Legislatures remain free in their incorporation and tax laws to condition the types of activity in which corporations may engage, including electioneering activity, on specific disclosure re­ quirements or on prior express approval by shareholders or members.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents