Davis v. Federal Election Commission
Full Opinion (html_with_citations)
delivered the opinion of the Court.
In this appeal, we consider the constitutionality of federal election law provisions that, under certain circumstances, impose different campaign contribution limits on candidates competing for the same congressional seat.
I
A
Federal law limits the amount of money that a candidate for the House of Representatives and the candidateās authorized committee may receive from an individual, as well as the amount that the candidateās party may devote to coordinated campaign expenditures. 2 U. S. C. § 441a (2006 ed.).
In order to calculate the OPFA, certain information is needed about the self-financing candidateās campaign assets and personal expenditures. Section 319(b) thus requires self-financing candidates to make three types of disclosures. First, within 15 days after entering a race, a candidate must file a ā[declaration of intentā revealing the amount of personal funds the candidate intends to spend in excess of $350,000. 2 U. S. C. §441a-1(b)(1)(B). A candidate who does not intend to cross this threshold may simply declare an intent to spend no personal funds. 11 CFR § 400.20(a)(2) (2008). Second, within 24 hours of crossing or becoming obligated to cross the $350,000 mark, the candidate must file an ā[i]nitial notification.ā 2 U. S. C. § 441a-1(b)(1)(C). Third, the candidate must file an ā[additional notificationā within 24 hours of making or becoming obligated to make each additional expenditure of $10,000 or more using personal funds. § 441a-1(b)(1)(D). The initial and additional notifications must provide the date and amount of each expenditure from personal funds, and all notifications must be filed with the Federal Election Commission (FEC), all other candidates for the seat, and the national parties of all those candidates. § 441a-1(b)(1)(E). Failure to comply with the reporting requirements may result in civil and criminal penalties. §§ 437g(a)(5)-(6), (d)(1).
A non-self-financing candidate and the candidateās committee face less extensive disclosure requirements. Within 24 hours after receiving an āinitialā or āadditionalā notification filed by a self-financing opponent, a non-self-financing candidate must provide notice to the FEC and the national and state committees of the candidateās party if the non-self-financing candidate concludes based on the newly acquired information that the OPFA has passed the $350,000 mark. 11 CFR § 400.30(b)(2). In addition, when the additional contributions that a non-self-financing candidate is authorized
B
Appellant Jack Davis was the Democratic candidate for the House of Representatives from New Yorkās 26th Congressional District in 2004 and 2006. In both elections, he lost to the incumbent. In his brief, Davis discloses having spent $1.2 million, principally his own funds, on his 2004 campaign. Brief for Appellant 4. He reports spending $2.3 million in 2006, all but $126,000 of which came from personal funds. Id., at 13. His opponent in 2006 spent no personal funds. Indeed, although the OPFA calculation provided the opportunity for Davisā opponent to raise nearly $1.5 million under § 319(a)ās asymmetrical limits, Davisā opponent adhered to the normal contribution limits.
Davisā 2006 candidacy began in March 2006, when he filed with the FEC a āStatement of Candidacyā and, in compliance with § 319(b), declared that he intended to spend $1 million in personal funds during the general election. Two months later, in anticipation of this expenditure and its § 319 consequences, Davis filed suit against the FEC, requesting that § 319 be declared unconstitutional and that the FEC be enjoined from enforcing it during the 2006 election.
After Davis declared his candidacy but before he filed suit, the FECās general counsel notified him that it had reason to believe that he had violated §319 by failing to report per
Davis filed this action in the United States District Court for the District of Columbia, and a three-judge panel was convened. BCRA § 403, 116 Stat. 113, note following 2 U. S. C. § 437h. While Davis requested that the case be decided before the general election campaign began on September 12, 2006, the FEC opposed the request, asserting the need for extensive discovery, and the request was denied. Ultimately, the parties filed cross-motions for summary judgment.
Ruling on those motions, the District Court began by addressing Davisā standing sua sponte. The court concluded that Davis had standing, but rejected his claims on the merits and granted summary judgment for the FEC. 501 F. Supp. 2d 22 (2007). Davis then invoked BCRAās exclusive avenue for appellate reviewādirect appeal to this Court. Note following § 437h. We deferred full consideration of our jurisdiction, 552 U. S. 1135 (2008), and we now reverse.
II
Like the District Court, we must first ensure that we have jurisdiction to hear Davisā appeal. Article III restricts federal courts to the resolution of cases and controversies. Arizonans for Official English v. Arizona, 520 U. S. 43, 64 (1997). That restriction requires that the party invoking federal jurisdiction have standing ā the āpersonal interest that must exist at the commencement of the litigation.ā Friends of Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., 528 U. S. 167, 189 (2000) (internal quotation marks omitted). But it is not enough that the requisite interest exist at the outset. āTo qualify as a case fit for
A
As noted, the requirement that a claimant have āstanding is an essential and unchanging part of the case-or-controversy requirement of Article III.ā Lujan v. Defenders of Wildlife, 504 U. S. 555, 560 (1992); see also Arizonans for Official English, supra, at 64. To qualify for standing, a claimant must present an injury that is concrete, particularized, and actual or imminent; fairly traceable to the defendantās challenged behavior; and likely to be redressed by a favorable ruling. Lujan, supra, at 560-561.
The District Court held, and the parties do not dispute, that Davis possesses standing to challenge the disclosure requirements of § 319(b). When Davis filed suit, he had already declared his 2006 candidacy and had been forced by § 319(b) to disclose to his opponent that he intended to spend more than $350,000 in personal funds. At that time, Davis faced the imminent threat that he would have to follow up on that disclosure with further notifications after he in fact passed the $350,000 mark. Securing a declaration that § 319(b)ās requirements are unconstitutional and an injunction against their enforcement would have spared him from making those disclosures. That relief also would have removed the real threat that the FEC would pursue an enforcement action based on alleged violations of § 319(b) during his 2004 campaign. As a result, Davis possesses standing to challenge § 319(b)ās disclosure requirement.
The fact that Davis has standing to challenge § 319(b) does not necessarily mean that he also has standing to challenge
In light of these principles, the FEC argues that Davis lacks standing to attack § 319(a)ās asymmetrical limits. When Davis commenced this action, his opponent had not yet qualified for the asymmetrical limits, and later, when his opponent did qualify to take advantage of those limits, he chose not to do so. Accordingly, the FEC argues that § 319(a) did not cause Davis any injury.
While the proof required to establish standing increases as the suit proceeds, see Lujan, supra, at 561, the standing inquiry remains focused on whether the party invoking jurisdiction had the requisite stake in the outcome when the suit was filed. Friends of Earth, supra, at 180; Arizonans for Official English, supra, at 68, n. 22. As noted above, the injury required for standing need not be actualized. A party facing prospective injury has standing to sue where the threatened injury is real, immediate, and direct. Los Angeles v. Lyons, 461 U. S. 95, 102 (1983); see also Babbitt v. Farm Workers, 442 U. S. 289, 298 (1979) (A plaintiff may challenge the prospective operation of a statute that presents a realistic and impending threat of direct injury). Davis faced such an injury from the operation of § 319(a) when he filed suit. Davis had declared his candidacy and his intent to spend more than $350,000 of personal funds in the general election campaign whose onset was rapidly approaching. Section 319(a) would shortly burden his expenditure of personal funds by allowing his opponent to receive contributions on more favorable terms, and there was no indication that his opponent would forgo that opportunity. In
B
The FECās mootness argument also fails. This case closely resembles Federal Election Commān v. Wisconsin Right to Life, Inc., 551 U. S. 449 (2007). There, Wisconsin Right to Life (WRTL), a nonprofit, ideological advocacy corporation, wished to run radio and TV ads within 30 days of the 2004 Wisconsin primary, contrary to a restriction imposed by BCRA. WRTL sued the FEC, seeking declaratory and injunctive relief. Although the suit was not resolved before the 2004 election, we rejected the FECās claim of mootness, finding that the case āfit comfortably within the established exception to mootness for disputes capable of repetition, yet evading review.ā Id., at 462. That āexception applies where ā(1) the challenged action is in its duration too short to be fully litigated prior to cessation or expiration, and (2) there is a reasonable expectation that the same complaining party will be subject to the same action again.āā Ibid, (quoting Spencer v. Kemna, 523 U. S. 1, 17 (1998)).
In WRTL, ādespite BCRAās command that the cas[e] be expedited āto the greatest possible extent,ā ā WRTLās claims could not reasonably be resolved before the election concluded. 551 U. S., at 462 (quoting § 403(a)(4), 116 Stat. 114, note following 2 U. S. C. § 437h). Similarly, in this case despite BCRAās mandate to expedite and Davisā request that his case be resolved before the 2004 general election season commenced, Davisā case could not be resolved before the 2006 election concluded, demonstrating that his claims are capable of evading review.
Ill
We turn to the merits of Davisā claim that the First Amendment is violated by the contribution limits that apply when § 319(a) comes into play. Under this scheme, as previously noted, when a candidate spends more than $350,000 in personal funds and creates what the statute apparently regards as a financial imbalance, that candidateās opponent may qualify to receive both larger individual contributions than would otherwise be allowed and unlimited coordinated party expenditures. Davis contends that § 319(a) unconstitutionally burdens his exercise of his First Amendment right to make unlimited expenditures of his personal funds because making expenditures that create the imbalance has the effect of enabling his opponent to raise more money and to use that money to finance speech that counteracts and thus diminishes the effectiveness of Davisā own speech.
If § 319(a) simply raised the contribution limits for all candidates, Davisā argument would plainly fail. This Court has previously sustained the facial constitutionality of limits on discrete and aggregate individual contributions and on coordinated party expenditures. Buckley v. Valeo, 424 U. S. 1, 23-35, 38, 46-47, and n. 53 (1976) (per curiam); Federal Election Commān v. Colorado Republican Federal Campaign Comm., 533 U. S. 431, 437, 465 (2001) (Colorado II). At the same time, the Court has recognized that such limits implicate First Amendment interests and that they cannot stand unless they are āclosely drawnā to serve a āsufficiently important interest,ā such as preventing corruption and the appearance of corruption. See, e. g., McConnell v. Federal Election Commān, 540 U. S. 93, 136, 138, n. 40 (2003); Colorado II, supra, at 456; Nixon v. Shrink Missouri Government PAC, 528 U. S. 377, 387-388 (2000); Buckley, supra, at 25-30, 38. When contribution limits are challenged as too restrictive, we have extended a measure of deference to the judgment of the legislative body that enacted the law. See, e. g., Randall v. Sorrell, 548 U. S. 230, 248 (2006) (plurality opinion); Nixon, supra, at 396-397; Buckley, supra, at 30, 111, 103-104. But we have held that limits that are too low cannot stand. Randall, 548 U. S., at 246-262; id., at 263 (Alito, J., concurring in part and concurring in judgment).
There is, however, no constitutional basis for attacking contribution limits on the ground that they are too high. Congress has no constitutional obligation to limit contributions at all; and if Congress concludes that allowing contributions of a certain amount does not create an undue risk of corruption or the appearance of corruption, a candidate who wishes to restrict an opponentās fundraising cannot argue that the Constitution demands that contributions be regulated more strictly. Consequently, if § 319(a)ās elevated contribution limits applied across the board, Davis would not have any basis for challenging those limits.
Section 319(a), however, does not raise the contribution limits across the board. Rather, it raises the limits only for the non-self-financing candidate and does so only when the self-financing candidateās expenditure of personal funds causes the OPFA threshold to be exceeded. We have never upheld the constitutionality of a law that imposes different contribution limits for candidates who are competing against each other, and we agree with Davis that this scheme impermissibly burdens his First Amendment right to spend his own money for campaign speech.
In Buckley, we soundly rejected a cap on a candidateās expenditure of personal funds to finance campaign speech. We held that a ācandidate . . . has a First Amendment right to engage in the discussion of public issues and vigorously and tirelessly to advocate his own electionā and that a cap on personal expenditures imposes āa substantial,ā ācleajr],ā and ādirecft]ā restraint on that right. 424 U. S., at 52-53. We found that the cap at issue was not justified by ā[t]he primary governmental interestā proffered in its defense, i. e., āthe prevention of actual and apparent corruption of the political process.ā Id., at 53. Far from preventing these evils, āthe use of personal funds,ā we observed, āreduces the candidateās dependence on outside contributions and thereby counteracts the coercive pressures and attendant risks of abuse to which . . . contribution limitations are directed.ā Ibid. We also rejected the argument that the expenditure cap could be justified on the ground that it served ā[t]he ancillary interest in equalizing the relative financial resources of candidates competing for elective office.ā Id., at 54. This putative interest, we noted, was āclearly not sufficient to justify the . . . infringement of fundamental First Amendment rights.ā Ibid.
Buckleyās emphasis on the fundamental nature of the right to spend personal funds for campaign speech is instructive. While BCRA does not impose a cap on a candidateās expendĆ
The resulting drag on First Amendment rights is not constitutional simply because it attaches as a consequence of a statutorily imposed choice. In Buckley, we held that Congress āmay engage in public financing of election campaigns and may condition acceptance of public funds on an agreement by the candidate to abide by specified expenditure limitationsā even though we found an independent limit on overall campaign expenditures to be unconstitutional. 424 U. S., at 57, n. 65; see id., at 54-58. But the choice involved in Buckley was quite different from the choice imposed by § 319(a). In Buckley, a candidate, by forgoing public financing, could retain the unfettered right to make unlimited per
Because § 319(a) imposes a substantial burden on the exercise of the First Amendment right to use personal funds for campaign speech, that provision cannot stand unless it is ājustified by a compelling state interest,ā Federal Election Commān v. Massachusetts Citizens for Life, Inc., 479 U. S. 238, 256 (1986); see also, e. g., McConnell, 540 U. S., at 205; Austin v. Michigan Chamber of Commerce, 494 U. S. 652, 657-658 (1990); id., at 680 (Scalia, J., dissenting); id., at 701, 702-703 (Kennedy, J., dissenting); Federal Election Commān v. National Conservative Political Action Comm., 470 U. S. 480, 500-501 (1985); First Nat. Bank of Boston v. Bellotti, 435 U. S. 765, 786 (1978); Colorado Republican Federal Campaign Comm. v. Federal Election Commān, 518 U. S. 604, 609 (1996) (Colorado I) (principal opinion); id., at 640-641 (Thomas, J., concurring in judgment and dissenting in part). No such justification is present here.
The burden imposed by § 319(a) on the expenditure of personal funds is not justified by any governmental interest in eliminating corruption or the perception of corruption. The Buckley Court reasoned that reliance on personal funds re
The Government maintains that §319(a)ās asymmetrical limits are justified because they ālevel electoral opportunities for candidates of different personal wealth.ā Brief for Appellee 34. āCongress enacted Section 319,ā the Government writes, āto reduce the natural advantage that wealthy individuals possess in campaigns for federal office.ā Id., at 33 (emphasis added). Our prior decisions, however, provide no support for the proposition that this is a legitimate government objective. See Nixon, 528 U. S., at 428 (Thomas, J., dissenting) (ā ā[Preventing corruption or the appearance of corruption are the only legitimate and compelling government interests thus far identified for restricting campaign financesāā (quoting National Conservative Political Action Comm., supra, at 496-497)); Randall, 548 U. S., at 268 (Thomas, J., concurring in judgment) (noting āthe interests the Court has recognized as compelling, i. e., the prevention of corruption or the appearance thereofā). On the contrary, in Buckley, we held that ā[t]he interest in equalizing the financial resources of candidatesā did not provide a ājustification for restrictingā candidatesā overall campaign expenditures, particularly where equalization āmight serve ... to handicap a candidate who lacked substantial name recognition or exposure of his views before the start of the campaign.ā 424 U. S., at 56-57. We have similarly held that the interest āin equalizing the relative ability of individuals and groups to influence the outcome of electionsā cannot support a cap on expenditures for āexpress advocacy of the election or defeat of candidates,ā as āthe concept that govern-
The argument that a candidateās speech may be restricted in order to ālevel electoral opportunitiesā has ominous implications because it would permit Congress to arrogate the votersā authority to evaluate the strengths of candidates competing for office. See Bellotti, supra, at 791-792 (ā[T]he people in our democracy are entrusted with the responsibility for judging and evaluating the relative merits of conflicting argumentsā and āmay consider, in making their judgment, the source and credibility of the advocateā). Different candidates have different strengths. Some are wealthy; others have wealthy supporters who are willing to make large contributions. Some are celebrities; some have the benefit of a well-known family name. Leveling electoral opportunities means making and implementing judgments about which strengths should be permitted to contribute to the outcome of an election. The Constitution, however, confers upon voters, not Congress, the power to choose the Members of the House of Representatives, Art. I, § 2, and it is a dangerous business for Congress to use the election laws to influence the votersā choices. See Bellotti, supra, at 791, n. 31 (The ā[g]overnment is forbidden to assume the task of ultimate judgment, lest the people lose their ability to govern themselvesā).
Finally, the Government contends that § 319(a) is justified because it ameliorates the deleterious effects that result from the tight limits that federal election law places on indi
Whatever the merits of this argument as an original matter, it is fundamentally at war with the analysis of expenditure and contributions limits that this Court adopted in Buckley and has applied in subsequent cases. The advantage that wealthy candidates now enjoy and that § 319(a) seeks to reduce is an advantage that flows directly from Buckleyās disparate treatment of expenditures and contributions. If that approach is soundāand the Government does not urge us to hold otherwise
IV
The remaining issue that we must consider is the constitutionality of §319(b)ās disclosure requirements. ā[W]e have repeatedly found that compelled disclosure, in itself, can seriously infringe on privacy of association and belief guaranteed by the First Amendment.ā Buckley, 424 U. S., at 64. As a result, we have closely scrutinized disclosure requirements, including requirements governing independent expenditures made to further individualsā political speech. Id., at 75. To survive this scrutiny, significant encroachments ācannot be justified by a mere showing of some legitimate governmental interest.ā Id., at 64. Instead, there must be āa ārelevant correlationā or 'substantial relationā between the governmental interest and the information required to be disclosed,ā and the governmental interest āmust survive exacting scrutiny.ā Ibid, (footnotes omitted). That is, the strength of the governmental interest must reflect the seriousness of the actual burden on First Amendment rights. Id., at 68, 71.
The § 319(b) disclosure requirements were designed to implement the asymmetrical contribution limits provided for in § 319(a), and as discussed above, § 319(a) violates the First Amendment. In light of that holding, the burden imposed by the § 319(b) requirements cannot be justified, and it follows that they too are unconstitutional.
* * *
In sum, we hold that §§ 319(a) and (b) violate the First Amendment. The judgment of the District Court is re
It is so ordered.
APPENDIX
BCRA §§ 319(a) and (b) provide:
ā(a) Availability of increased limit
ā(1) In general
āSubject to paragraph (3), if the opposition personal funds amount with respect to a candidate for election to the office of Representative in, or Delegate or Resident Commissioner to, the Congress exceeds $350,000ā
ā(A) the limit under subsection (a)(1)(A) with respect to the candidate shall be tripled;
ā(B) the limit under subsection (a)(3) shall not apply with respect to any contribution made with respect to the candidate if the contribution is made under the increased limit allowed under subparagraph (A) during a period in which the candidate may accept such a contribution; and
ā(C) the limits under subsection (d) with respect to any expenditure by a State or national committee of a political party on behalf of the candidate shall not apply.
ā(2) Determination of opposition personal funds amount
ā(A) In general
āThe opposition personal funds amount is an amount equal to the excess (if any) ofā
ā(i) the greatest aggregate amount of expenditures from personal funds (as defined in subsection (b)(1) of this section) that an opposing candidate in the same election makes; over
ā(ii) the aggregate amount of expenditures from personal funds made by the candidate with respect to the election.
ā(B) Special rule for candidateās campaign funds
ā(i) In general
āFor purposes of determining the aggregate amount of expenditures from personal funds under subparagraph (A),
ā(ii) Gross receipts advantage
āFor purposes of clause (i), the term 'gross receipts advantageā means the excess, if any, ofā
ā(I) the aggregate amount of 50 percent of gross receipts of a candidateās authorized committee during any election cycle (not including contributions from personal funds of the candidate) that may be expended in connection with the election, as determined on June 30 and December 31 of the year preceding the year in which a general election is held, over
ā(II) the aggregate amount of 50 percent of gross receipts of the opposing candidateās authorized committee during any election cycle (not including contributions from personal funds of the candidate) that may be expended in connection with the election, as determined on June 30 and December 31 of the year preceding the year in which a general election is held.
ā(3) Time to accept contributions under increased limit
ā(A) In general
āSubject to subparagraph (B), a candidate and the candidateās authorized committee shall not accept any contribution, and a party committee shall not make any expenditure, under the increased limit under paragraph (1)ā
"(i) until the candidate has received notification of the opposition personal funds amount under subsection (b)(1) of this section; and
ā(ii) to the extent that such contribution, when added to the aggregate amount of contributions previously accepted and party expenditures previously made under the increased limits under this subsection for the election cycle, exceeds 100 percent of the opposition personal funds amount.
ā(B) Effect of withdrawal of an opposing candidate
āA candidate and a candidateās authorized committee shall not accept any contribution and a party shall not make any
ā(4) Disposal of excess contributions
ā(A) In general
āThe aggregate amount of contributions accepted by a candidate or a candidateās authorized committee under the increased limit under paragraph (1) and not otherwise expended in connection with the election with respect to which such contributions relate shall, not later than 50 days after the date of such election, be used in the manner described in subparagraph (B).
ā(B) Return to contributors
āA candidate or a candidateās authorized committee shall return the excess contribution to the person who made the contribution.
ā(b) Notification of expenditures from personal funds
ā(1) In general
ā(A) Definition of expenditure from personal funds
āIn this paragraph, the term āexpenditure from personal fundsā meansā
ā(i) an expenditure made by a candidate using personal funds; and
ā(ii) a contribution or loan made by a candidate using personal funds or a loan secured using such funds to the candidateās authorized committee.
ā(B) Declaration of intent
āNot later than the date that is 15 days after the date on which an individual becomes a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress, the candidate shall file a declaration stating the total amount of expenditures from personal funds that the candidate intends to make, or to obligate to make, with respect to the election that will exceed $350,000.
āNot later than 24 hours after a candidate described in subparagraph (B) makes or obligates to make an aggregate amount of expenditures from personal funds in excess of $350,000 in connection with any election, the candidate shall file a notification.
ā(D) Additional notification
āAfter a candidate files an initial notification under subparagraph (C), the candidate shall file an additional notification each time expenditures from personal funds are made or obligated to be made in an aggregate amount that exceeds $10,000. Such notification shall be filed not later than 24 hours after the expenditure is made.
ā(E) Contents
āA notification under subparagraph (C) or (D) shall includeā
ā(i) the name of the candidate and the office sought by the candidate;
ā(ii) the date and amount of each expenditure; and
ā(iii) the total amount of expenditures from personal funds that the candidate has made, or obligated to make, with respect to an election as of the date of the expenditure that is the subject of the notification.
ā(F) Place of filing
āEach declaration or notification required to be filed by a candidate under subparagraph (C), (D), or (E) shall be filed withā
ā(i) the Commission; and
ā(ii) each candidate in the same election and the national party of each such candidate.
ā(2) Notification of disposal of excess contributions
āIn the next regularly scheduled report after the date of the election for which a candidate seeks nomination for election to, or election to, Federal office, the candidate or the candidateās authorized committee shall submit to the Com
ā(3) Enforcement
āFor provisions providing for the enforcement of the reporting requirements under this subsection, see section 437g of this title.ā 2 U. S. C. § 441a-1 (footnotes omitted).
All undesignated references in this opinion to 2 U. S. C. are to the 2006 edition.
These limits are adjusted for inflation every two years. 2 U. S. C. § 441a(c).
BCRA §§ 319(a) and (b) are set out in an appendix to this opinion. Although what we refer to as §§ 319(a) and (b) are actually § 315A(a) and (b) of the Federal Election Campaign Act of 1971, which were added to that Act by BCRA § 319(a), we follow the convention of the parties in making reference to §§ 319(a) and (b).
BCRA § 304 similarly regulates self-financed Senate bids. 116 Stat. 97, 2 U. S. C. § 441a(i).
The OPFA is calculated as follows. For each candidate, expenditures of personal funds are added to 50% of the funds raised for the election at issue measured at designated dates in the year preceding the election. The resulting figures are compared, and if the difference is greater than $350,000, the asymmetrical limits take effect. See §§ 441a-1(a)(1), (2).
In light of this conclusion, we need not decide whether the threat of an FEC enforcement action for alleged 2004 violations would be sufficient to keep this controversy alive.
Even if § 319(a) were characterized as a limit on contributions rather than expenditures, it is doubtful whether it would survive. A contribution limit involving ā ā āsignificant interferenceā ā ā with associational rights must be ā ā āclosely drawnā ā ā to serve a ā ā āsufficiently important interest.āāā McConnell v. Federal Election Commān, 540 U. S. 93, 136 (2003). For the reasons explained infra, at 742, the chief interest proffered in support of the asymmetrical contribution scheme ā leveling electoral opportunities ā cannot justify the infringement of First Amendment interests.
Justice Stevens would revisit and reject Buckleyās treatment of expenditure limits. Post, at 750-752 (opinion concurring in part and dissenting in part). The Government has not urged us to take that step, and in any event, Justice Stevensā proposal is unsound. He suggests that restricting the quantity of campaign speech would improve the quality of that speech, but it would be dangerous for the Government to regulate core political speech for the asserted purpose of improving that speech. And in any event, there is no reason to suppose that restricting the quantity of campaign speech would have the desired effect.
Because we conclude that §§ 319(a) and (b) violate the First Amendment, we need not address Davisā claim that they also violate the equal protection component of the Fifth Amendmentās Due Process Clause.