Burger’s Concurring in part and dissenting in part: Only
Three Justices joined the majority’s opinion in its entirety. Five
others concurred in part and dissented in part, and one did not
participate.
- Justice Burger dissented from the plurality’s upholding of the
contribution limits. In his view, contributions, no less than
expenditures, were ways of communicating. Contributions were simply a
way of “pooling” money, and were thus associational activities
comparable to, say, volunteer work; therefore, freedom of
association as well as freedom of speech required that these not be
restricted unless there was no less-restrictive satisfactory
alternative. In Burger’s view, anti-bribery laws and disclosure
requirements could solve the corruption problems inherent in large
contributions just as they could in the expenditure context.
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