Opinion of the Court
The BCRA’s Limit on "Electioneering Communications" Is Unconstitutional
“The freedom of speech …guaranteed by the Constitution embraces at the least the liberty to discusspublicly and truthfully all matters of public concern without previousrestraint or fear of subsequent punishment. — First National Bank of Bostonv. Bellotti (1978). To safeguard this liberty, the proper standard for anas-applied challenge to Section 203 of the Bipartisan Campaign Reform Act of2002 (BCRA) must be objective, focusing on the substance of the communicationrather than amorphous considerations of intent and effect. It must entailminimal if any discovery, to allow parties to resolve disputes quickly withoutchilling speech through the threat of burdensome litigation. And it…
