white, byron hon
buckley dissent:
Dissents
Justice White (above) would have upheld the law's limits on expenditures and contributions.
Although Justice Douglas took part in oral arguments, his resignation intervened and he cast no official vote in the case. Thus, eight justices decided the case. The opinion was a per curiam opinion, that is, not authored by a single justice, but an opinion for the Court. Several justices dissented from portions of the opinion.
Justice White would have upheld all the restrictions on both contributions and expenditures, striking down only the FEC's appointment process. He said the following:[8]
Concededly, neither the limitations on contributions nor those on expenditures directly or indirectly purport to control the content of political speech by candidates or by their supporters or detractors. What the Act regulates is giving and spending money, acts that have First Amendment significance not because they are themselves communicative with respect to the qualifications of the candidate, but because money may be used to defray the expenses of speaking or otherwise communicating about the merits or demerits of federal candidates for election.
The act of giving money to political candidates, however, may have illegal or other undesirable consequences: it may be used to secure the express or tacit understanding that the giver will enjoy political favor if the candidate is elected. Both Congress and this Court's cases have recognized this as a mortal danger against which effective preventive and curative steps must be taken.
[...]
I also disagree with the Court's judgment that § 608(a), which limits the amount of money that a candidate or his family may spend on his campaign, violates the Constitution. Although it is true that this provision does not promote any interest in preventing the corruption of candidates, the provision does, nevertheless, serve salutary purposes related to the integrity of federal campaigns. By limiting the importance of personal wealth, § 608(a) helps to assure that only individuals with a modicum of support from others will be viable candidates. This in turn would tend to discourage any notion that the outcome of elections is primarily a function of money. Similarly, § 608(a) tends to equalize access to the political arena, encouraging the less wealthy, unable to bankroll their own campaigns, to run for political office.
Since the contribution and expenditure limitations are neutral as to the content of speech and are not motivated by fear of the consequences of the political speech of particular candidates or of political speech in general, this case depends on whether the nonspeech interests of the Federal Government in regulating the use of money in political campaigns are sufficiently urgent to justify the incidental effects that the limitations visit upon the First Amendment interests of candidates and their supporters.
Justice Marshall dissented on the point of limiting personal contributions and expenditures by a candidate to his or her own campaign – he would have upheld that provision, which was stricken by the Court.[9]
One of the points on which all Members of the Court agree is that money is essential for effective communication in a political campaign. It would appear to follow that the candidate with a substantial personal fortune at his disposal is off to a significant "headstart." Of course, the less wealthy candidate can potentially overcome the disparity in resources through contributions from others. But ability to generate contributions may itself depend upon a showing of a financial base for the campaign or some demonstration of preexisting support, which, in turn, is facilitated by expenditures of substantial personal sums. Thus, the wealthy candidate's immediate access to a substantial personal fortune may give him an initial advantage that his less wealthy opponent can never overcome. And even if the advantage can be overcome, the perception that personal wealth wins elections may not only discourage potential candidates without significant personal wealth from entering the political arena, but also undermine public confidence in the integrity of the electoral process.
Justice Rehnquist dissented on the application of the public funding provisions to minor parties, believing that it was unconstitutional as applied to them.
Justice Blackmun would have held that contribution limits are unconstitutional.
Chief Justice Burger would have held that contribution limits are unconstitutional, that the government financing provisions are unconstitutional, and that disclosure of small contributions to campaigns is unconstitutional.
Justice Stevens arrived on the Court after argument so he did not participate in the decision. However, he said later that he 'always thought that Byron [White] got it right'. Stevens would go on to write the dissent in Citizens United and called for a constitutional amendment to overturn the Court's campaign finance decisions.[10]