brown hartlage argued january decided april petitioner challenger general election respondent office commissioner jefferson county committed televised press conference lowering commissioners salaries elected upon learning commitment arguably violated provision kentucky corrupt practices act petitioner retracted pledge face prohibits candidate offering material benefits voters consideration votes petitioner election respondent filed suit kentucky state alleging petitioner violated seeking election declared void although finding reasoning earlier decision kentucky appeals construing petitioner violated statute promising reduce salary less fixed law trial concluded petitioner fairly elected refused order new election kentucky appeals reversed held section applied case limit speech violation first amendment pp although legitimate interest preserving integrity electoral processes state seeks restrict directly candidate offer ideas voters first amendment requires restriction demonstrably supported legitimate state interest compelling one restriction operate without unnecessarily circumscribing protected expression pp application case justified prohibition buying votes petitioner statements made openly subject criticism political opponent scrutiny voters different character corrupting private agreements solicitations historically recognized unprotected first amendment constitutional basis upon pledge reduce salary may equated candidate promise pay voters privately support pocketbook candidate promise confer ultimate benefit voter qua taxpayer citizen member general public lie beyond pale first amendment protection pp designed state interest ensuring willingness persons serve public office without remuneration make gratuitous service sine qua non plausible candidacy resulting persons independent wealth less ability chosen though better qualified afford serve reduced salary chose means unacceptable first amendment state fear voters might make choice provide state compelling justification limiting speech government function select issues worth discussing course political campaign pp application justified basis state interests prerogatives respect factual misstatements asserted ground statute bars promises serve reduced salary salary official fixed law promise therefore delivered erroneous statement inevitable free debate must protected freedoms expression breathing space need survive nullifying petitioner election victory inconsistent atmosphere robust political debate required first amendment showing made disputed statement good faith without knowledge falsity reckless disregard whether false moreover retracted statement promptly determining might false pp brennan delivered opinion white marshall blackmun powell stevens joined burger concurred judgment rehnquist filed opinion concurring result post fred goldberg argued cause petitioner briefs jonathan goldberg stanley chauvin invitation argued cause filed brief amicus curiae support judgment justice brennan delivered opinion question presented whether first amendment applied fourteenth amendment prohibits state declaring election void victorious candidate announced voters campaign intended serve salary less fixed law case involves challenge application kentucky corrupt practices act parties opposing candidates general election office jefferson county commissioner district petitioner carl brown challenger respondent earl hartlage incumbent august course campaign brown held televised press conference together bill creech district candidate party ticket brown charged opponent complicity form fiscal abuse three county commissioners state law limiting authority responsibility legislation clear jobs simply worth year ludicrous commissioners nevertheless see fit pay amount paid county judge mere fact state law allows outrageous levels remuneration justify payments fiscal meeting hartlage led surprise move double salaries county commissioners actions demonstrated unmistakable disrespect office chief executive county utter disdain spirit laws govern county system sing gray fringes law personal gain hartlage led move funnel county tax dollars commissioners pockets app abhor commissioners outrageous salaries prove strength convictions one first official acts county commissioners lower salary realistic level lower salaries saving taxpayers first term office year men enough admit made mistake discovered kentucky decisions attorney general opinions indicate pledge reduce salaries elected may illegal hereby formally rescind pledge reduce county commissioners salary elected instead pledge seek corrective legislation next session general assembly correct silly provision state law hartlage filed action jefferson circuit alleging brown violated corrupt practices act seeking election declared void office jefferson county commissioner district vacated brown section upon hartlage based claim provides candidates prohibited making expenditure loan promise agreement contract action elected consideration vote candidate nomination election state county city district office shall expend pay promise loan become pecuniarily liable way money thing value either directly indirectly person consideration vote financial moral support person candidate shall promise agree make contract person vote support particular individual thing measure consideration vote financial moral support person election primary nominating convention person shall require candidate make promise agreement contract rev stat kentucky appeals reversed agreed circuit salary county commissioners fixed law brown statement proscribed construed sparks boggs supra appeals also held however trial erred failing order new election app held retraction offending statement consequence law state trial mistaken believing possessed discretionary authority balance gravity violation disenfranchisement electorate result declaring election void ibid respect brown first amendment claims view hold promises serve reduced compensation violation corrupt practices act immune regulation view provisions constitution open door arguments statements violation corrupt practices act protected involve speech quoted approvingly maxims state may punish abuse constitutional freedom speech utterances inimical public welfare tending corrupt public morals incite crime disturb public peace never deemed abridgement freedom speech press make course conduct illegal merely conduct part initiated evidenced carried means language quoting jur constitutional law concluded brown statement constitutionally protected app opinion denying petitioner motion rehearing pointedly addressed petitioner first amendment arguments found state interest fairness integrity elections compelling state insist elections conducted free corruption bribery restated view laws state promise brown considered attempt buy votes bribe voters ibid finally rejected petitioner argument construed sparks supra unconstitutionally broad although found appeal brown argument carried logical extreme promise candidate increase efficiency thus lower cost government might likewise considered attempt buy votes view sparks controlled disposition suggested petitioner seek reconsideration decision kentucky app kentucky denied review granted petition certiorari ii begin analysis acknowledging legitimate interest preserving integrity electoral processes state may take steps ensure governing political institutions officials properly discharge public responsibilities maintain public trust confidence state legitimate interest upholding integrity electoral process state seeks uphold interest restricting speech limitations state authority imposed first amendment manifestly implicated core first amendment certain basic conceptions manner political discussion representative democracy proceed noted mills alabama whatever differences may exist interpretations first amendment practically universal agreement major purpose amendment protect free discussion governmental affairs course includes discussions candidates structures forms government manner government operated operated matters relating political processes candidate less person first amendment right engage discussion public issues vigorously tirelessly advocate election election candidates indeed particular importance candidates unfettered opportunity make views known electorate may intelligently evaluate candidates personal qualities positions vital public issues choosing among election day justice brandeis observation country public discussion political duty whitney california concurring opinion applies special force candidates public office buckley valeo per curiam iii face prohibits candidate offering material benefits voters consideration votes conversely prohibits candidates accepting payments consideration manner serve public function sparks boggs placed entirely obvious gloss provision respect candidate utterances concerning salaries office running barring candidate promising reduce salary salary already fixed law thus consider constitutionality respect proscription evident face statute light particularized concerns suggested sparks gloss discern three bases upon application statute brown promise might conceivably justified first prohibition buying votes second facilitating candidacy persons lacking independent wealth third application state interests prerogatives respect factual misstatements consider possible justifications turn first sentence prohibits political candidate giving promising give anything value voter exchange vote support many possible applications provision appear present little constitutional difficulty state may surely prohibit candidate buying votes body politic worthy called democracy entrusts selection leaders process auction barter state may prohibit giving money things value voter exchange support may also declare unlawful agreement embodying intention make exchange although agreements engage illegal conduct undoubtedly possess element association state may ban illegal agreements without trenching right association protected first amendment fact agreement necessarily takes form words confer upon upon underlying conduct constitutional immunities first amendment extends speech finally solicitation enter agreement arguably crosses sometimes hazy line distinguishing conduct pure speech solicitation even though may impact political arena remains essence invitation engage illegal exchange private profit may properly prohibited see hoffman estates flipside hoffman estates central hudson gas electric public service pittsburgh press human relations thus plain kinds promises made candidate voters kinds promises elicited voters candidates may declared illegal without constitutional difficulty equally plain constitutional limits state power prohibit candidates making promises course election campaign promises universally acknowledged legitimate indeed indispensable decisionmaking democracy first national bank boston bellotti maintenance opportunity free political discussion end government may responsive people changes may obtained lawful means fundamental principle constitutional system stromberg california candidate commitments enhance accountability government officials people represent assist voters predicting effect vote fact voters may find reflected candidate commitment place commitment beyond reach first amendment never insisted franchise exercised without taint individual benefit indeed tradition political pluralism partly predicated expectation voters pursue individual good political process summation individual pursuits collective welfare long personal benefit achieved normal processes government private arrangement always remains reputable basis upon cast one ballot remains determine standards might distinguish private arrangements inconsistent democratic government candidate assurances promote representative foundation political system hesitate attempting formulate test constitutional legitimacy precise nature promise conditions upon given circumstances made size audience nature size group benefited might instance varying extents bear upon constitutional assessment acknowledging difficulty rendering concise formulation recognizing possibility borderline cases disable us identifying cases far troublesome border clear statements petitioner brown course august press conference different character corrupting agreements solicitations historically recognized unprotected first amendment notably brown commitment serve reduced salary made openly subject comment criticism political opponent scrutiny voters think fact statement made full view electorate offers strong indication statement contained nothing fundamentally odds shared political ethic kentucky appeals analogized brown promise bribe however persuasive analogy might matter state law constitutional basis upon brown pledge reduce salary might equated candidate promise pay voters support pocketbook although upon election brown undoubtedly valid claim salary fixed law brown offer voters payment personal funds declaration intention exercise fiscal powers government office within believed albeit erroneously recognized framework office least outward appearances commitment fully accord basic understanding legitimate activity government body implicit monetary benefit individual taxpayer might realized public officials among course brown approve benefit accordance good faith exercise public duties although brown may incorrect suggesting salary lawfully reduced transform promise invitation engage private politically corrupting arrangement addition despite kentucky courts characterization promise serve reduced salary offer reduce pro tanto amount taxes individual taxpayer must pay thus offer voter pecuniary gain app impossible discern brown generalized commitment invitation enter agreement might place statement outside realm unequivocal protection constitution affords political speech source promised benefit public fisc benefit extend beyond voters cast ballots brown taxpayers citizens even brown commitment sense deemed offer scarcely contemplated particularized acceptance quid pro quo arrangement honored elected conditioned particular vote votes entirely majority vote sum brown offer private payment donation exchange voter support brown statement construed expression intention exercise public power manner believed might acceptable class citizens brown expressed intention individualized appeal taxpayers felt likely beneficiaries form fiscal restraint fact little constitutional significance benefits public policy changes accrue undifferentiated public directly particular individuals groups like promise lower taxes increase efficiency government indeed increase taxes order provide group desired public benefit public service brown promise reduce salary deemed beyond reach first amendment considered inviting kind corrupt arrangement appearance state may compelling interest avoiding see buckley valeo state may insist candidates seeking approval electorate work within framework democratic institutions base appeal assertions fitness office statements respecting means intend public welfare candidate promise confer ultimate benefit voter qua taxpayers citizen member general public lie beyond pale first amendment protection sparks boggs relied part interest state may ensuring willingness persons serve public office without remuneration make gratuitous service sine qua non plausible candidacy state might legitimately fear emphasis free public service might result persons independent wealth less ability chosen though better qualified afford serve reduced salary designed interest chooses means unacceptable first amendment barring certain public statements respect issue state ban runs directly contrary fundamental premises underlying first amendment guardian democracy amendment embodies trust free exchange ideas means people choose good ideas bad candidates political office state fear voters might make choice provide state compelling justification limiting speech simply function government select issues worth discussing debating police department chicago mosley course political campaign amicus points applied sparks boggs supra bars promises serve reduced salary salary official fixed law promise therefore delivered course demonstrable falsehoods protected first amendment manner truthful statements gertz robert welch erroneous statement inevitable free debate must protected freedoms expression breathing space need survive new york times sullivan quoting naacp button section applied case afforded requisite breathing space commonwealth kentucky provided candidate public office forfeits electoral victory errs announcing elected serve reduced salary kentucky courts made clear case candidate liability error absolute election victory must voided even offending statement made good faith quickly repudiated chilling effect absolute accountability factual misstatements course political debate incompatible atmosphere free discussion contemplated first amendment context political campaigns see monitor patriot roy ocala damron although state interest protecting political process distortions caused untrue inaccurate speech somewhat different state interest protecting individuals defamatory falsehoods principles underlying first amendment remain paramount whenever compatible underlying interests stake regime amendment depend correction conscience judges juries competition ideas gertz robert welch supra political campaign candidate factual blunder unlikely escape notice correction erring candidate political opponent preferred first amendment remedy speech enforced silence whitney california brandeis concurring thus special force cf gertz robert welch supra showing case petitioner made disputed statement good faith without knowledge falsity made statement reckless disregard whether false moreover petitioner retracted statement promptly discovering might false circumstances nullifying petitioner election victory inconsistent atmosphere robust political debate protected first amendment iv conclude applied case limit speech violation first amendment reverse judgment kentucky appeals remand proceedings inconsistent opinion ordered footnotes brown echoed running mate call fiscal restraint two proposals cutting salaries reorganizing commissioner office staff save taxpayers term office make statements fully aware office intend occupy set tone type public officials intend guidance extravagance public expense thing past responsibility integrity watchwords progress cooperation theme app hartlage received total votes brown received votes certificate election provision amended replace word demand last clause word require acts ch kentucky law equity action contest election may maintained candidate received number votes cast successful candidate rev stat kentucky corrupt practices act identifies violation proper basis contest provides violation corrupt practices act contestant others behalf knowledge appears appears provisions violated contestee others behalf knowledge nomination election contestee shall declared void rev stat appeals noted kentucky law salaries county officers elected popular vote shall set fiscal later first monday may year officers elected compensation officer shall changed term brown promised act legally app quoting rev stat see const quoted following extract sparks describing rationale underlying statute application statements brown agreement candidate office chosen discharge duties office without compensation lesser compensation provided law pay part salary public treasury illegal whether made good faith underlying principle candidate offers discharge duties elective office less salary fixed law salary must paid taxation offers reduce pro tanto amount taxes individual taxpayer must pay thus makes offer voter pecuniary gain quoting public officers appears us escape conclusion promise take reduction salary set law elective public office agreement discharge duties office gratis advanced one induce votes candidacy vicious tendency constitute violation corrupt practices act app see federalist madisonian democratic tradition extolled system political pluralism private interest every individual may sentinel public rights federalist lodge ed also contemplated within tradition individual may perceive interest according public good extended republic among great variety interests parties sects embraces coalition majority whole society seldom take place principles justice general good explained kentucky appeals hold otherwise permit various elective public offices become filled purchase election thereto making extravagant bid auction method choosing public officer supplant personal fitness test eventually public offices occupied opulent afford serve without pay ambitious serve pittance honor attached office designing grafter surely obtain remuneration methods bear scrutiny system good government certainly vanish every subdivision state theory popular government worthy hold offices personal fitness included moral character intellectual ability social standing habits life political convictions single test law recognize throws considerations scale extent tends weaken power personal fitness tolerated tends turn away thought voter one question paramount mind deposits ballot spirit least bribery insidious therefore dangerous grosser form directly offering money voter state address concern prohibiting reduction public official salary term office kentucky done see supra prohibition offend first amendment note passing along proposed articles upon ratification became first amendments constitution others proposed articles ii ratified article ii provided law varying compensation services senators representatives shall take effect election representatives shall intervened justice rehnquist concurring result agree provision kentucky corrupt practices act discussed opinion impermissibly limits freedom speech part political candidates violation first fourteenth amendments constitution different facts think give weight state interest preventing corruption elections unable join analogy laws state defamation laws think mills alabama affords ample basis reaching result arrives see need rely precedents involve state efforts regulate electoral process