Page:Citizens United v. Federal Election Commission.pdf/183

This page has been proofread, but needs to be validated.
6
CITIZENS UNITED v. FEDERAL ELECTORAL COMM'N

Opinion of Thomas, J.


"the advent of the Internet" enables "prompt disclosure of expenditures," which "provide[s]" political opponents "with the information needed" to intimidate and retaliate against their foes. Ante, at 55. Thus, "disclosure permits citizens . . . to react to the speech of [their political opponents] in a proper"—or undeniably improper—"way" long before a plaintiff could prevail on an as-applied challenge. [1] Ibid.

I cannot endorse a view of the First Amendment that subjects citizens of this Nation to death threats, ruined careers, damaged or defaced property, or pre-emptive and threatening warning letters as the price for engaging in "core political speech, the 'primary object of First Amendment protection.'" McConnell, 540 U. S., at 264 (all small caps|THOMAS, J}}., concurring in part, concurring in judgment in part, and dissenting in part) (quoting Nixon v. Shrink Missouri Government PAC, 528 U. S. 377, 410–411 (2000) (THOMAS, J., dissenting)). Accordingly, I respectfully dissent from the Court’s judgment upholding BCRA §§201 and 311.

  1. But cf. Hill v. Colorado, 530 U. S. 703, 707–710 (2000) (approving a statute restricting speech "within 100 feet" of abortion clinics because it protected women seeking an abortion from "'sidewalk counseling,'" which "consists of efforts ‘to educate, counsel, persuade, or inform passersby about abortion and abortion alternatives by means of verbal or written speech,' " and which "sometimes" involved “strong and abusive language in face-to-face encounters”).