McConnell, United States Senator v. Federal Election Commission — Thomas, J., Concurring

Summary

Justice Thomas, writing separately, would invalidate most of BCRA Titles I and II and §§311 and 504 because they impose insufficiently tailored restrictions on core political speech, association, independent expenditures, corporate speech, and anonymous speech. He would require the Government to demonstrate actual interests in preventing corruption and to explain why bribery and disclosure laws are inadequate, rather than relying on progressively expanded anticircumvention rationales. He concurred in the result that §318 is unconstitutional and joined portions of other separate opinions addressing specified provisions. Chief Justice Rehnquist, Justice Stevens, Justice Kennedy, and Justice Scalia filed separate writings contesting various aspects of the Court's treatment of Titles I, II, V, and §305.