citizens rent control berkeley argued october decided december berkeley ordinance places limitation contributions committees formed support oppose ballot measures submitted popular vote appellant association formed oppose ballot measure imposing rent control city accepted contributions exceeding limit appellee berkeley fair campaign practices commission ordered association pay excess city treasury association brought suit california superior seeking injunctive relief enforcement ordinance subsequently granted summary judgment association holding ordinance invalid face violation first amendment california appeal affirmed california reversed holding ordinance furthered compelling governmental interests ensuring special interest groups corrupt initiative process spending large amounts support oppose ballot measure interests outweighed first amendment interests infringed upon held restraint imposed ordinance right association turn individual collective rights expression plainly contravenes right association speech guarantees first amendment pp place limit individuals wishing band together advance views ballot measure placing limit individuals acting alone clearly restraint right association buckley valeo held contributions candidates committees restricted order prevent corruption appearance risk corruption case relates contributions committees favoring opposing ballot measures also risk voters doubts identity whose money supports opposes given ballot measure since contributors must make identities known disclosure provisions ordinance exacting judicial review appropriate infringements first amendment rights limit unconstitutional pp contribution limit automatically affects expenditures limits expenditures operate direct restraint freedom expression groups individuals wishing express groups significant state public interest curtailing debate discussion ballot measure integrity political system adequately protected contributors identified public filing revealing amounts contributed pp burger delivered opinion brennan powell rehnquist stevens joined rehnquist filed concurring opinion post marshall filed opinion concurring judgment post blackmun filed opinion concurring judgment post white filed dissenting opinion post james parrinello argued cause appellants briefs john mueller natalie west argued cause appellees brief steven mayer charles triebel robert myers filed brief city santa monica california amicus curiae urging affirmance briefs amici curiae urging reversal filed malcolm furbush joseph kelly robert harris pacific gas electric ronald zumbrun raymond momboisse pacific legal foundation briefs amici curiae filed george agnost burk delventhal city county san francisco william becker new england legal foundation chief justice burger delivered opinion issue appeal whether limitation contributions committees formed support oppose ballot measures violates first amendment voters berkeley adopted election reform act ord initiative campaign ordinance enacted placed limits expenditures contributions campaigns involving candidates ballot measures section ordinance provides person shall make campaign treasurer shall solicit accept contribution cause total amount contributed person respect single election support opposition measure exceed two hundred fifty dollars two weeks election citizens rent control sought obtained temporary restraining order prohibiting enforcement ballot measure relating rent control defeated superior subsequently granted citizens rent control motion summary judgment declaring invalid face violated first amendment constitution art california constitution panel california appeal unanimously affirmed conclusion california dividing reversed cal citing buckley valeo majority announced strictly scrutinize concluded section furthered compelling governmental interests ensured special interest groups corrupt initiative process spending large amounts support oppose ballot measure corruption found produce apathetic voters governmental interests held outweigh first amendment interests infringed upon finally concluded accomplished goal least restrictive means available california consider disclosure requirements ordinance sufficient prophylaxis dispel perceptions corruption noted probable jurisdiction reverse ii appellees concede challenged ordinance impact first amendment rights parties disagree extent impact long ago admonished respect first amendment power regulate must exercised attaining permissible end unduly infringe protected freedom cantwell connecticut begin recalling practice persons sharing common views banding together achieve common end deeply embedded american political process committees correspondence pamphleteers early examples phenomena federalist papers perhaps significant lasting example tradition volunteer committees collective action manifested myriad community public activities political process focus candidate ballot measure value collective effort individuals make views known individually voices faint lost long viewed first amendment protecting marketplace clash different views conflicting ideas concept stated restated almost since constitution drafted voters city berkeley adopted challenged ordinance places restrictions marketplace irrelevant voters rather legislative body enacted voters may violate constitution enacting ballot measure legislative body may enacting legislation iii acknowledged importance freedom association guaranteeing right people make voices heard public issues effective advocacy public private points view particularly controversial ones undeniably enhanced group association recognized remarking upon close nexus freedoms speech assembly naacp alabama buckley also made clear contributors protected possibility others make larger contributions concept government may restrict speech elements society order enhance relative voice others wholly foreign first amendment designed secure widest possible dissemination information diverse antagonistic sources assure unfettered interchange ideas bringing political social changes desired people new york times sullivan quoting associated press roth first amendment protection governmental abridgment free expression properly made depend person financial ability engage public discussion cf eastern conf noerr motors course activities legal engaged one yet illegal performed concert others political expression one place spartan limit indeed limit individuals wishing band together advance views ballot measure placing none individuals acting alone clearly restraint right association section seek mute voice one individual allowed hobble collective expressions group buckley identified single narrow exception rule limits political activity contrary first amendment exception relates perception undue influence large contributors candidate extent large contributions given secure political quid pro quo current potential office holders integrity system representative democracy undermined congress legitimately conclude avoidance appearance improper influence also critical confidence system representative government eroded disasterous extent csc letter carriers federal courts appeals recognized buckley support limitations contributions committees formed favor oppose ballot measures plywood hanson ninth circuit struck montana statute prohibiting corporate contributions supporting opposing ballot measures noted state interest preventing corruption officials provided basis finding buckley restrictions permissibly placed contributions issue sole governmental interest recognized justification restricting contributions prevention quid pro quo corruption contributor candidate let help florida mccrary referenda held issues candidates public office risk corruption perceived cases involving candidate elections citations omitted simply present popular vote public issue sure corporate advertising may influence outcome vote purpose fact advocacy may persuade electorate hardly reason suppress constitution protects expression eloquent less unconvincing kingsley pictures regents omitted contributions individuals support concerted action committee advocating position ballot measure beyond question significant form political expression noted regulation first amendment rights always subject exacting judicial scrutiny supra public interest allegedly advanced identifying sources support opposition ballot measures insubstantial voters may identify sources provisions addition record case support california conclusion needed preserve voters confidence ballot measure process cf bellotti supra clear therefore advance legitimate governmental interest significant enough justify infringement first amendment rights apart impressible restraint freedom association virtually inseparable context imposes significant restraint freedom expression groups individuals wish express views committees noted individual may make expenditures without limit ballot measure may contribute beyond limit joining others advocate common views contribution limit thus automatically affects expenditures limits expenditures operate direct restraint freedom expression group committee desiring engage political dialogue concerning ballot measure whatever may state interest degree interest regulating limiting contributions expenditures candidate candidate committees significant state public interest curtailing debate discussion ballot measure placing limits contributions turn limit expenditures plainly impairs freedom expression integrity political system adequately protected contributors identified public filing revealing amounts contributed thought wise legislation outlaw anonymous contributions iv limit contributions setting need analyzed exclusively terms right association right expression two rights overlap blend limit right association places impressible restraint right expression restraint imposed berkeley ordinance rights association turn individual collective rights expression plainly contravenes right association speech guarantees first amendment accordingly judgment california reversed case remanded proceedings inconsistent opinion reversed remanded footnotes clear whether enforced prohibition contributions ballot measure campaign committees corporations labor unions invalidated pacific gas electric city berkeley cal app cal rptr following buckley valeo city repealed number sections ordinance limited expenditures support opposition ballot measure lesser cents times number registered voters revising ordinance comply changes city mistakenly labeled section challenged case notation enforce corrected error approximately three months election involved case section person found guilty violating terms chapter campaign treasurer received part contribution contributions constitute violation shall pay promptly available campaign funds amount received persons excess amount permitted chapter city auditor deposit general fund city assure public awareness sources support committees ordinance requires publication list contributors local newspapers twice last seven days campaign value right associate illustrated cost reaching public appellants represent cost single mailing persons registered vote berkeley app cost advertisement berkeley area newspaper independent gazette note rev dissent argues case references bellotti relate corporate contributions limits contributions persons dissent references buckley relate contributions candidates committees case us relates contributions committees favoring opposing ballot measures justice rehnquist concurring agree judgment california must reversed case unlike factual situation first national bank boston bellotti berkeley ordinance aimed corporations sought impose limitation size contributions committees formed support oppose ballot measure referenda one appellants california corporation indication berkeley ordinance aimed corporations opposed individuals therefore dissenting opinion first national bank boston bellotti supra relied corporate shield state granted corporations form quid pro quo limitation come play buckley valeo holds situation state interest justify limitation exercise rights guaranteed first fourteenth amendments constitution justice marshall concurring judgment today holds local ordinance restricting amount money individual contribute committee organized support oppose ballot measure violates right freedom speech association guaranteed first amendment reaching conclusion however fails indicate whether attaches constitutional significance fact berkeley ordinance seeks limit contributions opposed direct expenditures justice white correctly notes dissent beginning decision buckley valeo always drawn distinction restrictions contributions direct limitations amount individual expend speech noted last term california medical assn fec marshall joined brennan white stevens jj speech proxy achieved contributions political campaign committee sort political advocacy buckley found entitled full first amendment protection opinion silent standard review applying contributions limitation must assume following consistent position type governmental action subjected less rigorous scrutiny direct restriction expenditures city berkeley seeks justify ordinance ground necessary maintain voter confidence government found record california disclosed sufficient evidence justify conclusion large contributions ballot measure committees undermined confidence citizenry government first national bank boston bellotti join justice white dissent ground state demonstrated sufficient governmental interest sustain indirect infringement first amendment interest resulting operation berkeley ordinance like justice blackmun however find evidentiary support record therefore concur judgment justice blackmun justice concurring judgment contribution limitations issue encroach directly political expression association thus berkeley ordinance survive constitutional challenge unless withstands exacting scrutiny first national bank boston bellotti meet rigorous standard review berkeley must demonstrate ordinance advances sufficiently important governmental interest employs means closely drawn avoid unnecessary abridgment first amendment freedoms ibid quoting buckley valeo hold berkeley neither demonstrated genuine threat important governmental interests employed means closely drawn avoid unnecessary abridgment protected activity buckley upheld limitations contributions candidates necessary prevent contributors corrupting representatives people delegated political decisions curtailment speech association ballot measure campaign people render ultimate political decision justified basis berkeley proved genuine threat interest maintaining voter confidence government deny legitimacy interest indeed bellotti explicitly recognized reserving integrity electoral process preventing corruption sustain ing active alert responsibility individual citizen democracy wise conduct government reservation individual citizen confidence government interests highest importance ballot measure elections citing quoting automobile workers find interests threatened bellotti however part state failed show record legislative findings corporate advocacy threatened imminently undermine democratic processes confidence citizenry government city evidentiary support case equally sparse finally berkeley justify contribution limit necessary encourage disclosure accept conclusion interest insubstantial given concession individuals corporations speak committees often adopts seductive names may tend conceal true identity source ante yet berkeley need impose ceiling contributions encourage disclosure long vigorously enforces already stringent disclosure laws ante need say order reverse accordingly concur judgment justice white dissenting buckley valeo upheld restrictions contributions struck limits expenditures campaigns federal office congress body expert matter thought equally essential protect integrity election process two years later bare majority substituting judgment massachusetts legislature invalidated state prohibitions corporate spending referendum elections first national bank boston bellotti disagreeing assumption regulations inhibited free interplay political advocacy upheld expenditure limitations issue buckley restrictions contested bellotti case poses less encompassing regulation campaign activity one tailored odd measurements buckley bellotti precisely reflects decisions ordinance regulates contributions expenditures prohibit corporate spending reason perhaps effectiveness ordinance preserving integrity referendum process debatable even result illustrates buckley framework problematical strengthens belief proper role carefully drafter limitations expenditures even buckley however berkeley ordinance represents negligible intrusion expression association measure upheld ordinance certainly go beyond understand first amendment permit reasons dissent berkeley ordinance control quantity content speech unlike statute bellotti completely prohibit contributions expenditures person company may contribute greater spending desired must made expenditure expenditures limited otherwise controlled individuals also remain completely unfettered ability join interested groups otherwise directly participate campaign reaches conclusion ordinance unconstitutional giving buckley extreme reading essentially giving berkeley ordinance reading holds contributions involved beyond question significant form political expression ante yet buckley found contribution limitations entai marginal restriction upon contributor ability engage free communication contributions candidates ballot measure contributions involv speech someone contributor limitation donations way infringe contributor freedom discuss candidates issues indeed today become significant form political expression held last term involve limited element protected speech california medical assn fec marshall joined brennan white stevens speech proxy said sort advocacy buckley found entitled full first amendment protection also finds freedom association impermissibly compromised allowing persons contribute unlimited funds committees organized support oppose ballot measure however buckley observed contribution ceilings leav persons free engage independent political expression associate actively volunteering services assist limited nonetheless substantial extent supporting candidates committees financial resources associational rights thought seriously impinged expenditure ceilings virtue precluding associations effectively amplifying voice adherents original basis recognition first amendment protection freedom association see naacp alabama concern ordinance hobble collective expressions group ante belied fact appellants already met campaign budget ended fundraising almost month election bad enough overstates extent first amendment interests implicated goes assert ordinance furthers legitimate public interest survive degree scrutiny apparently assumes ordinance directed quid pro quos large contributors candidates office single narrow exception regulation viewed buckley endorsing buckley however found unnecessary look beyond act primary purpose prevention corruption uphold contributions limits thus consider possible interests upholding restriction indeed least since automobile workers recognized sustaining active alert responsibility individual citizen democracy wise conduct government valid state interest bellotti took care note objective along reserving integrity electoral process individual citizen confidence government interests highest importance bellotti found inadequate evidence record support interests suggested regulation corporate spending might justified corporate advocacy threatened imminently undermine democratic processes thereby denigrating rather serving first amendment interests suggested situation arise shown relative voice corporations ha overwhelming significant influencing referenda quite possible test fairly met case large contributions mainly corporate sources skyrocketed role individuals declined staggering disparities developed spending various ballot measures possible prove heavy spending bought victory particular ballot proposition increasing evidence large contributors least able block adoption measures initiative process recognition enormous contributions institutional sources overshadow efforts individuals may discouraged participation ballot measure campaigns undermined public confidence referendum process restricting size contributions berkeley ordinance requires major contributors communicate directly voters ordinance ultimate impact speech assure diversity views presented voters facilitate enlarge public discussion participation electoral process goals vital people buckley course entities remain free make major direct expenditures political communications must state source funds voters able identify source message recognize communication reflects example opinion single powerful corporate interest rather views large number individuals existence disclosure laws many suggests information concerning supports opposes ballot measure significantly affects voter evaluation proposal asserts without elaboration existing disclosure requirements suffice inform voters identity contributors yet inadequacy disclosure laws major reason adoption berkeley ordinance section ordinance constitutes finding people berkeley influence large campaign contributors increased existing laws disclosure campaign receipts expenditures proved inadequate admittedly berkeley present conclusive evidence causal relationship major undisclosed expenditures demise referendum tool direct democracy information available suffices demonstrate voters valid reasons adopting contribution ceilings similar foundation upheld contribution limits buckley california medical assn fec view ordinance survives scrutiny buckley bellotti cases ii grounds sustaining ordinance continue believe limitations many regulatory actions indirectly affect speech manner regulations sphere campaign finance argument money speech limiting flow money speaker violates first amendment proves entirely much buckley supra white concurring part dissenting part every form regulation taxes compulsory bargaining effect ability individuals corporations engage expressive activity must therefore focus extent expressive associational activity restricted berkeley ordinance first amendment interests implicated begin end inquiry infringement slight ephemeral requisite state interest justify regulation need high interests justify berkeley ordinance properly understood context historic role initiative california california entire history demonstrates repeated use referendums give citizens voice questions public policy james valtierra earliest days designed circumvent undue influence large corporate interests government decisionmaking served president wilson put gun behind door keep political bosses legislators honest recent years concerned heavy financial participation corporations referendum contests undermined tool direct democracy voters california enacted initiative political reform act limited expenditures statewide ballot measure campaigns berkeley voters adopted ordinance issue case role initiative california separated purpose preventing dominance special interests history purpose initiative california similarly purpose ancillary regulations designed protect serve maximize exchange political discourse bellotti fundamental error failure realize state regulatory interests derived first amendment white dissenting perhaps said neither city berkeley state california prove elections unfairly special interest groups spending large sums money widespread conviction legislative halls well among citizens danger real regret continues disregard hazard originally passed voters berkeley ordinance restricted expenditures well contributions ballot measure campaigns following buckley valeo california invalidation statewide expenditure limitations ballot measure campaigns citizens jobs energy fair political practices cal city berkeley repealed expenditure limitations addition measure original prohibition corporate labor union contributions ballot measure campaigns invalidated pacific gas electric city berkeley cal app cal rptr california fair political practices commission reported campaign contributions private individuals november general election totaled individual contributions given general election represented contributions made california fair political practices commission campaign contribution spending report chairman commission concluded figures demonstrate alarming yet steady erosion private individual force political process california fair political practices commission press release may see also infra initiative construction oil storage terminal long beach standard oil ohio contributed spent long beach civil action committee support measure opponents spent lydenberg bankrolling ballots role business financing state ballot question campaigns three ballot measures rejected california voters statewide one initiative sought circumscribe smoking public places committee supporting measure collected contributions opposing group californians regulatory excess collected amount million contributed amounts four tobacco companies contributed million lydenberg bankrolling ballots update pp second example initiative taxed large energy companies provide revenue finance public transportation develop alternative energy sources californians fair taxation association opposed measure received nearly million contributions approximately million given large corporations proponents mustered third measure like initiative litigation concerned rent control proponents sought repeal existing rent control ordinances gathered mostly contributions opponents collected mostly contributions several studies shown large amounts money skew outcome local ballot measure campaigns professor lowenstein investigation found propositions supported significant spending defined spending least twice much opposite side successful defeated hand propositions opposed significant spending defeated successful lowenstein campaign spending ballot propositions delivered annual meeting american political science association new york city study three colorado initiatives found races side held commanding lead lost campaign progressed opposition forces heavily outspent counterparts election day initiative defeated mastro costlow sanchez taking initiative corporate control referendum process media spending fed comm see also shockley initiative process colorado politics assessment nationwide study recent campaigns found side corporate backing outspent opponents better campaigns lydenberg bankrolling ballots update voter turnout berkeley municipal elections decreased april april brief appellees see public communications office federal election commission campaign finance law see also mastro costlow sanchez supra see brown superior cal ballot measure devoid personality voters seek judge merits issues reliance personality supporting different points view made aware prior election real advocates measure see key crouch initiative referendum california lee california referendums comparative study practice theory butler ranney eds note california initiative process suggestion reform cal rev primary motivation initiative process california public desire counter lobbyist conduit legislative influence exercised economic special interests political reform act cal code ann et seq west see supra