brown socialist workers campaign argued october decided december held disclosure provisions ohio campaign expense reporting law requiring every candidate political office report names addresses campaign contributors recipients campaign disbursements constitutionally applied appellee socialist workers party swp minor political party historically object harassment government officials private parties pp first amendment prohibits state compelling disclosures minor political party subject persons identified reasonable probability threats harassment reprisals buckley valeo moreover minor parties must allowed sufficient flexibility proof injury ibid principles safeguarding first amendment interests minor parties members supporters apply compelled disclosure campaign contributors also compelled disclosure recipients campaign disbursements pp district upholding appellees challenge constitutionality ohio disclosure provisions properly concluded evidence private government hostility toward swp members establishes reasonable probability disclosing names contributors recipients subject threats harassment reprisals pp marshall delivered opinion burger brennan white powell joined parts iii iv blackmun joined blackmun filed opinion concurring part concurring judgment post filed opinion concurring part dissenting part rehnquist stevens joined post gary elson brown assistant attorney general ohio argued cause appellants briefs william brown attorney general thomas staub assistant attorney general james rishel thomas buckley argued cause appellees brief gordon beggs ben sheerer bruce campbell justice marshall delivered opinion case presents question whether certain disclosure requirements ohio campaign expense reporting law ohio rev code ann et seq supp constitutionally applied socialist workers party minor political party historically object harassment government officials private parties ohio statute requires every political party report names addresses campaign contributors recipients campaign disbursements buckley valeo held first amendment prohibits government compelling disclosures minor political party show reasonable probability compelled disclosures subject identified threats harassment reprisals employing test district southern district ohio held ohio statute unconstitutional applied socialist workers party affirm socialist workers party swp small political party approximately members state ohio party constitution aim abolition capitalism establishment workers government achieve socialism district found swp advocate use violence seeks instead achieve social change political process members regularly run public office swp candidates little success polls example ohio swp candidate senate received fewer votes less total vote campaign contributions expenditures ohio averaged annually since appellees instituted class action district northern district ohio challenging constitutionality disclosure provisions ohio campaign expense reporting law ohio statute requires every candidate political office file statement identifying contributor recipient disbursement campaign funds object purpose disbursement must also disclosed lists names addresses contributors recipients open public inspection least six years violations disclosure requirements punishable fines day violation november district northern district ohio entered temporary restraining order barring enforcement disclosure requirements class pending determination merits case transferred district southern district ohio entered identical temporary restraining order february accordingly since appellees disclosed names contributors recipients otherwise complied statute district convened pursuant following extensive discovery trial held february reviewing substantial evidence governmental private hostility toward harassment swp members supporters concluded buckley valeo ohio disclosure requirements unconstitutional applied appellees noted probable jurisdiction ii constitution protects compelled disclosure political associations beliefs disclosures seriously infringe privacy association belief guaranteed first amendment buckley valeo supra citing gibson florida legislative naacp button shelton tucker bates little rock naacp alabama inviolability privacy group association may many circumstances indispensable preservation freedom association particularly group espouses dissident beliefs naacp alabama supra right privacy one political associations beliefs yield subordinating interest state compelling naacp alabama supra quoting sweezy new hampshire opinion concurring result substantial relation information sought overriding compelling state interest gibson florida legislative supra buckley valeo upheld first amendment challenge reporting disclosure requirements imposed political parties federal election campaign act et seq found three government interests sufficient general justify requiring disclosure information concerning campaign contributions expenditures enhancement voters knowledge candidate possible allegiances interests deterrence corruption enforcement contribution limitations stressed however certain circumstances balance interests requires exempting minor political parties compelled disclosures government interests compelling disclosures diminished case minor parties minor party candidates usually represent definite publicized viewpoints well known public improbability winning reduces dangers corruption ibid time potential impairing first amendment interests substantially greater unmindful damage done disclosure associational interests minor parties members supporters independents significant movements less likely sound financial base thus vulnerable falloffs contributions instances fears reprisal may deter contributions point movement survive public interest also suffers result comes pass consequent reduction free circulation ideas within without political arena footnotes omitted buckley valeo set forth following test determining first amendment requires exempting minor parties compelled disclosures evidence offered need show reasonable probability compelled disclosure party contributors names subject threats harassment reprisals either government officials private parties proof may include example specific evidence past present harassment members due associational ties harassment directed organization pattern threats specific manifestations public hostility may sufficient new parties history upon draw may able offer evidence reprisals threats directed individuals organizations holding similar views ibid reject appellants unduly narrow view exemption recognized buckley appellants attempt limit exemption laws requiring disclosure contributors inconsistent rationale exemption stated buckley concluded government interests supporting disclosure weaker case minor parties threat first amendment values greater considerations apply disclosure campaign contributors also disclosure recipients campaign disbursements although appellants contend requiring disclosure recipients disbursements necessary prevent corruption recognized buckley concededly legitimate government interest less force context minor parties federal law considered buckley like ohio law issue required campaign committees identify campaign contributors recipients campaign disbursements stated exposing large contributions expenditures light publicity disclosure requirements ten prevent corrupt use money affect elections emphasis added quoting burroughs concluded however minor party candidates unlikely win elections government general interest deterring buying elections reduced case minor parties moreover appellants seriously understate threat first amendment rights result requiring minor parties disclose recipients campaign disbursements expenditures political party often consist reimbursements advances wages paid party members campaign workers supporters whose activities lie core first amendment disbursements may also go persons choose express support unpopular cause providing services rendered scarce public hostility suspicion involvement publicized persons vulnerable threats harassment reprisals contributors whose connection party solely financial even individuals receive disbursements merely commercial transactions may deterred public enmity attending publicity seeking harass may disrupt commercial activities basis expenditure information individual enters transaction minor party purely commercial reasons lacks ideological commitment party individual may well deterred providing services even small risk harassment compelled disclosure names recipients expenditures therefore cripple minor party ability operate effectively thereby reduce free circulation ideas within without political arena buckley footnotes omitted see sweezy new hampshire plurality opinion interference freedom party simultaneously interference freedom adherents hold therefore test announced buckley safeguarding first amendment interests minor parties members supporters applies compelled disclosure campaign contributors also compelled disclosure recipients campaign disbursements iii district properly applied buckley test facts case district found substantial evidence governmental private hostility toward harassment swp members supporters appellees introduced proof specific incidents private government hostility toward swp members within four years preceding trial incidents many occurred ohio neighboring included threatening phone calls hate mail burning swp literature destruction swp members property police harassment party candidate firing shots swp office also evidence period trial swp members including ohio fired party membership although appellants contend two ohio firings politically motivated evidence amply supports district conclusion private hostility harassment toward swp members make difficult maintain employment district also found past history government harassment swp fbi surveillance swp massive continued least fbi also conducted counterintelligence program swp young socialist alliance ysa swp youth organization one aims swp disruption program dissemination information designed impair ability swp ysa function program included disclosing press criminal records swp candidates sending anonymous letters swp members supporters spouses employers least fbi employed various covert techniques obtain information swp including information concerning sources funds nature expenditures district specifically found fbi conducted surveillance ohio swp interfered activities within state government surveillance limited fbi civil service commission also gathered information swp ysa supporters fbi routinely distributed reports army navy air force intelligence secret service immigration naturalization service district properly concluded evidence private government hostility toward swp members establishes reasonable probability disclosing names contributors recipients subject threats harassment reprisals numerous instances recent harassment swp ohio also considerable evidence past government harassment appellants challenge relevance evidence government harassment light recent efforts curb official misconduct notwithstanding efforts evidence suggests hostility toward swp ingrained likely continue evidence properly relied district buckley iv first amendment prohibits state compelling disclosures minor party subject persons identified reasonable probability threats harassment reprisals disclosures infringe first amendment rights party members supporters light substantial evidence past present hostility private persons government officials swp ohio campaign disclosure requirements constitutionally applied ohio swp judgment district southern district ohio affirmed ordered footnotes section provides relevant part every campaign committee political committee political party made received contribution made expenditure connection nomination election candidate election held state shall file form prescribed section full true itemized statement made penalty election falsification setting forth detail contributions expenditures statement required division section shall contain following information statement contributions made received shall include month day year contribution full name address person including chairman treasurer thereof individual contributions received requirement filing full address apply statement filed state local committee political party finance committee committee committee recognized state local committee auxiliary description contribution received money value dollars cents contribution contributions expenditures shall itemized separately regardless amount except receipt contribution person sum dollars less one social activity account total contributions social activity shall listed separately together expenses incurred paid connection activity continuing association makes contribution funds derived solely regular dues paid members association shall required list name address members paid dues statement expenditures shall include month day year expenditure full name address person expenditure made including chairman treasurer thereof committee association group persons object purpose expenditure made amount expenditure statements shall open public inspection office filed shall carefully preserved period least six years order restrained various state officials applying enforcing plaintiffs disclosure provisions ohio campaign expense reporting law penalty provision law effect postpone beginning possible period violation law plaintiffs time case decided three judge panel hereby convened citations omitted apparently none parties throughout period questioned whether extended duration temporary restraining order conformed requirements rule federal rules civil procedure invalidated ohio statute applied ohio swp district decide appellees claim statute facially invalid ohio statute requires disclosure contributions expenditures matter small amount ohio rev code ann supp appellees contended absence monetary threshold rendered statute facially invalid since compelled disclosure nominal contributions expenditures lacks substantial nexus claimed government interest see buckley valeo district opinion unreported title supp require political committee keep detailed records contributions expenditures including names campaign contributors recipients campaign disbursements file reports federal election commission made available public government interest enforcing limitations completely inapplicable case since ohio law imposes limitations amount campaign contributions believe question whether buckley test applies compelled disclosure recipients expenditures properly us throughout litigation ohio maintained constitutionally require swp disclose names campaign contributors recipients campaign expenditures invalidating aspects ohio statute applied swp district necessarily held buckley standard permits flexible proof reasonable probability threats harassment reprisals applies contributions expenditures evidence sufficient show reasonable probability disclosure subject contributors recipients public hostility harassment jurisdictional statement appellants appealed entire judgment entered presented following question review whether standards set forth buckley valeo provisions sections ohio revised code require campaign committee candidate public office file report disclosing full names addresses persons making contributions receiving expenditures committee consistent right privacy association guaranteed first fourteenth amendments constitution applied committees candidates minority party establish isolated instances harassment directed toward organization members within ohio recent years juris statement one three government interests identified buckley appellants contend two interests enhancing voters ability evaluate candidates enforcing contribution limitations support disclosure names recipients campaign disbursements partial dissent suggests government interest disclosure recipients expenditures significantly diminished case minor political parties since parties little likelihood electoral success might nevertheless finance improper campaign activities merely gain recognition post partial dissent relies justice white separate opinion buckley pointed unlimited money tempts people spend whatever money buy influence election emphasis original examination context justice white made observation indicates precisely state interest insubstantial justice white addressing constitutionality ceilings campaign expenditures applicable candidates point ceilings play substantial role preventing unethical practices ibid case minor parties however limited financial resources serve expenditure ceiling minimizes likelihood expend substantial amounts money finance improper campaign activities see example far unlimited money ohio swp average roughly available year spend election efforts limited resources minor parties typically needed pay ordinary fixed costs conducting campaigns filing fees travel expenses expenses incurred publishing distributing campaign literature maintaining offices thus justice white observation financing illegal activities low campaign organization priority list particularly apposite case minor parties agree therefore minor parties likely major parties make significant expenditures funding dirty tricks improper campaign activities see post moreover expenditure minor parties even substantial portion limited funds illegal activities unlikely substantial impact furthermore mere possibility minor parties resort corrupt unfair tactics justify substantial infringement first amendment interests result compelling disclosure recipients expenditures buckley acknowledged possibility supporters major party candidate might channel money minor parties divert votes major party contenders noted partial dissent post occasionally minor parties may affect outcomes elections thus recognized distorting influence large contributors elections may entirely absent context minor parties nevertheless concluded government interest disclosing contributors substantially reduced case minor parties held minor parties entitled exemption requirements contributors disclosed show reasonable probability harassment similarly conclude government interest requiring disclosure recipients expenditures substantially reduced case minor parties hold exemption recognized buckley applies compelled disclosure expenditures well example expenditure statements filed swp contain substantial percentage entries designated per diem travel expenses room rental ohio statute makes particularly easy identify individuals since requires disclosure purpose disbursements well identity recipients ohio rev code ann supp inancial transactions reveal much person activities associations beliefs buckley valeo quoting california bankers assn shultz powell concurring district found federal bureau investigation fbi least routinely investigated financial transactions swp kept track payees swp checks fact even many recipients campaign expenditures may exposed risk public hostility detract serious threat exercise first amendment rights exposed agree partial dissent assertion disclosures disbursements paid campaign workers supporters increase probability subjected harassment hostility post apart fact individuals may work candidate variety ways without publicizing involvement application disclosure requirement results dramatic increase public exposure ohio law person affiliation party recorded document must kept open inspection one wishes examine period least six years ohio rev code ann supp preservation unorthodox political affiliations public records substantially increases potential harassment beyond risk individual faces simply result worked unpopular party one time see socialist workers party attorney general supp sdny fbi interference swp travel arrangements speaker hall rental vacated grounds cert denied moreover hard think many instances state interest preventing improper campaign activities furthered disclosure payments routine commercial services district quoting part final report special master judge breitel socialist workers party attorney general civ tpg sndy detailing government admissions concerning existence nature government surveillance swp district also found following government possesses documents relating swp ysa members since fbi informants members swp ysa nonmember informants cleveland cincinnati fbi filed offices one swp ysa member informants approximately swp member informants held local branch offices three informants even ran elective office swp candidates informants whose files disclosed judge breitel received total payments services expenses footnotes omitted reviewing evidence applicable law district concluded totality circumstances establishes ohio public disclosure person member made contribution swp create reasonable probability subjected threats harassment reprisals district enjoined compelled disclosures either contributors recipients names although district expressly refer quoted passage disclosure names recipients campaign disbursements evident opinion district addressing contributors recipients recent episodes threats harassment reprisals swp members occurred outside ohio occurrences places chicago swp office vandalized pittsburgh shot fired swp building certainly relevant determination public attitude toward swp ohio buckley stated ew parties history upon draw may offer evidence reprisals threats directed individuals organizations holding similar views surely ohio swp may offer evidence experiences chapters espousing political philosophy see illinois socialist workers campaign state illinois board elections supp nd appellants point lack direct evidence linking ohio statute disclosure requirements harassment campaign contributors recipients disbursements buckley however rejected unduly strict requirements proof favor flexibility proof injury thus rejected requiring minor party come forward witnesses fearful contribute fearful testify fear prove chill harassment directly attributable specific disclosure exemption sought ibd think considerations equally applicable proof required establish reasonable probability recipients subjected threats harassment names disclosed partial dissent appears agree post separately focused inquiry post reality requires evidence chill harassment directly attributable requirement justice blackmun concurring part concurring judgment join parts iii iv opinion agree much said part ii agree partial dissent reach issue whether standard proof different applied disclosure campaign contributions applied disclosure campaign disbursements see ante post appellants suggest district different standards might apply issue raised appellants jurisdictional statement brief merits consequently merely assume purposes present decision appellants apparently assumed throughout litigation district clearly assumed flexible proof rule buckley valeo applies equally forced disclosure contributions forced disclosure expenditures leave another day issue squarely presented considered courts adequately briefed significant question divides rule questions set forth jurisdictional statement fairly included therein considered appellants jurisdictional statement presented single question whether standards set forth buckley valeo provisions sections ohio revised code require campaign committee candidate public office file report disclosing full names addresses persons making contributions receiving expenditures committee consistent right privacy association guaranteed first fourteenth amendments constitution applied committees candidates minority party establish isolated instances harassment directed toward organization members within ohio recent years juris statement absent extraordinary circumstances decide issues beyond agreed review mayor educational equality league bass general talking pictures western electric according however issue whether flexible standard proof established buckley applies recipients expenditures fairly included question presented ante appellants failure present issue mere oversight phrasing question appellants invoke jurisdiction review specifically proper standard disclosure campaign expenditures also apparent appellants arguments jurisdictional statement brief merits jurisdictional statement heading question substantial appellants stated standards governing resolution actions involving challenges reporting requirements minority parties set forth case buckley valeo buckley held order receive relief reporting requirements issue action minority party must establish reasonable probability compelled disclosure party contributors names subject threats harassment reprisals either government officials private parties juris statement thus appellants exclusive theme initial presentation case district erred finding buckley standard satisfied suggest standard inapplicable applied differently campaign expenditure requirements reply brief submitted eight years suit instituted time appellees opportunity respond writing appellants sought inject new issue case see irvine california plurality opinion jackson view simply said fairly included jurisdictional statement moreover issues neither raised considered ordinarily consider adickes kress lawn district address question whether standard developed buckley apply disclosure campaign expenditures reason appellants conceded district concede flexibility proof injury applicable disclosure contributors governed entire case memorandum example appellants even hint different standard govern disclosure identities recipients expenditures instead quoted buckley test granted evidence past harassment may presented plaintiffs cases instant one defendants memorandum case presents extraordinary circumstances justifying deviation rule practice respecting issues presented deviated rule jurisdictional issues omitted parties lower courts see storer broadcasting noticed plain error assigned see carpenters obviously issue divides partial dissent jurisdictional opinion persuasively demonstrates application buckley test disclosure campaign disbursements plain error indeed consider quite possible full consideration adopt buckley standard context reasons stated also consider quite possible full consideration might wish revise buckley standard applied campaign disbursements perhaps take account different types expenditures covered differing impacts associational rights perhaps along lines suggested partial dissent significant constitutional decision made question properly presented record includes data arguments adequate inform judgment apparent reliance procunier navarette provide rationale deciding issue time petitioner included petition certiorari questions eventually decided notwithstanding fact limited grant petition single question parties fully briefed questions review denied deciding questions therefore neither unwise unfair case contrast appellants affirmatively excluded point issue jurisdictional statement brief merits failing raise reply brief appellants prevented appellees responding argument writing question observes power decide limited precise terms question presented ante quoting procunier navarette emphasis supplied rule designed prudential matter prevent possibility tactics result decisions cases like one show wisdom rule thus purposes case assume appellants jurisdictional statement brief merits assume buckley standard applies campaign expenditures applies contributions appellees presented specific evidence past present harassment members due associational ties harassment directed organization sufficient rule buckley establish reasonable probability ohio law trigger threats harassment reprisals contributors basis affirm judgment district entirety although partial dissent agrees issue properly presented therefore question decided post result reasoning endorse different standard proof see infra partial dissent says agrees appropriate case determine whether different test standard proof employed determining constitutional validity required disclosure expenditures post however appellees proof partial dissent agrees established reasonable probability threats harassment reprisals contributors likewise allowed district find reasonable probability threats harassment reprisals recipients expenditures buckley standard permits proof particular disclosure creates requisite likelihood harassment based showing harassment directed members party organization thus understand partial dissent separately focused inquiry plainly require different result post possibly lead conclusion appellees carry burden production persuasion insofar challenge expenditure disclosure provisions post unless despite partial dissent uncertain disclaimer post separate focus alters buckley reasonable probability flexible proof standards context expenditures justice justice rehnquist justice stevens join concurring part dissenting part concur judgment socialist workers party swp sufficiently demonstrated reasonable probability disclosure contributors subject persons threats harassment reprisals thus buckley valeo state ohio constitutionally compel disclosure agree broad concerns buckley apply required disclosure recipients campaign expenditures view record presented swp failed carry burden showing reasonable probability disclosure recipients expenditures subject recipients swp threats harassment reprisals moreover strong public interest fair honest elections outweighs damage done associational rights party members application state expenditure disclosure law buckley upheld validity federal election campaign act requires disclosure names contributors campaign recipients expenditures campaign buckley recognized three major governmental interests disclosure requirements deterrence corruption enhancement voters knowledge candidate possible allegiances interests provision data means necessary detect violations statutory limitations contributions expenditures precise challenge buckley faced however overbreadth act requirements insofar apply contributions minor parties independent candidates emphasis added since appellants buckley challenge application minor parties requirements disclosure expenditures occasion consider directly first amendment interests minor political party preventing disclosure expenditures much less weigh governmental interests disclosure test adopted buckley quoted majority ante reflects limitation contemplates assessing possible harassment contributors without word considering harassment recipients expenditures names disclosed effects harassment may party say buckley provides guidance resolving claim agree majority appellants overstated argument declaring buckley application disclosure recipients expenditures certainly buckley enunciates general governmental interest regulating minor parties although unlikely win often affect outcome election buckley also emphasizes sensitive associational rights minor parties nevertheless important differences disclosure contributors disclosure recipients campaign expenditures differences buckley occasion address compel conclude balance necessarily calibrated identically first unlike government interest disclosure contributions interest disclosure expenditures decrease significantly small parties buckley recognized knowing identity contributors significantly increase voters ability determine political ideology candidate stance candidate usually well known ibid identifying minor party contributors interest preventing buying candidate improbability candidate winning election ibid thus two major government interests disclosure contributions significantly reduced minor parties sharp contrast however governmental interest disclosure expenditures remains significant minor parties purpose requiring parties disclose expenditures deter improper influencing voters corruption electoral process take many forms actual buying votes use slush funds dirty tricks bribes poll watches election officials certainly persuasive campaign worker election day corral voters candidate even modest slush fund even though improper practices unlikely successful attract enough votes elect candidate minor party whose goal merely recognition may tempted resort impressible methods major parties resulting deflection votes determine outcome election candidates requirement full verifiable report expenditures important deterring practices otherwise party hide improper transactions accounting sleight hand side balance disclosure recipients expenditures lesser impact minority party first amendment interests disclosure contributors majority ante first amendment interest right privacy one political associations beliefs never drawn sharp distinctions members contributors buckley recognized buckley privacy rights contributors especially sensitive since many seek express political views privately pocketbook rather publicly means disclosure contributors directly implicates contributors associational rights impact privacy interests arising disclosure expenditures quite different generally lesser dimension many expenditures minority party quite mundane purposes persons intimately connected organization payments things office supplies telephone service bank charges printing photography costs generally fall category likelihood business transactions dry disclosed remote best unlike silent contributors disclosure reveal public supporters party ideological positions persons providing business services minor party generally perceived public supporting party ideology thus unlikely harassed names disclosed consequently party associational interests unlikely affected disclosure recipients expenditures recipients expenditures may closer ideological ties party majority suggests campaign workers receiving per diem travel room expenses may fit category ante certainly conceivable persons may harassed threatened conduct laws requiring disclosure recipients expenditures however likely contribute harassment individual openly shown close ties organization campaigning disclosure receipt expenditures unlikely increase degree harassment significantly deter individual campaigning party striking balance governmental concerns greatest precisely actions campaign workers might improperly influence voters thus whatever marginal deterrence may arise disclosure expenditures outweighed heightened governmental interest sum heightened governmental interest disclosure expenditures reduced marginal deterrent effect associational interests demand separately focused inquiry whether exists reasonable probability disclosure subject recipients party threats harassment reprisals ii turning evidence case important remember even though proof requirements must flexible buckley supra minor party carries burden production persuasion show first amendment interests outweigh governmental interests additionally application buckley standard historical evidence properly characterized mixed question law fact normally assess record independently determine supports conclusion unconstitutionality applied direct evidence harassment either contributors recipients expenditures rather majority accurately represents evidence concerns harassment reprisals visible party members including violence party headquarters loss jobs concur majority conclusion evidence viewed entirety supports conclusion reasonable probability harassment contributors names disclosed evidence sufficiently linked disclosure contributors large part person publicly known support swp unpopular ideological position may suffer reprisals record shows active party members suffer disclosure contributors may lead public presume people support party ideology contrast record read entirety suggest disclosure recipients expenditures lead harassment recipients reprisals party members appellees gave breakdown types expenditures thought lead harassment disclosed record contain expenditure statements swp itemize expenditure purpose usually omitting name address recipient majority expenditures number dollar amount business transactions office supplies food printing photographs telephone service books virtually evidence disclosure recipients expenditures impair swp ability obtain needed services even assume portion expenditures went temporary campaign workers others public might identify supporting party ideology persons already publicly demonstrated support campaign work simply basis inferring persons thereafter harassed threatened otherwise deterred working party virtue inclusion names later expenditure reports remote danger existed outweigh concededly important governmental interests disclosure recipients expenditures plain appellees carry burden production persuasion insofar challenge expenditure disclosure provisions therefore uphold constitutionality portions ohio statute require swp disclose recipients expenditures course plaintiffs buckley challenged many aspects federal act including expenditure limitations disclosure requirements independent contributions expenditures upheld disclosure requirements including disclosure independent expenditures communications expressly advocate election defeat clearly identified candidate plaintiffs buckley challenge however federal requirement political parties including minor political parties disclose recipients expenditures certainly true instance general political stance swp candidates readily discernible cursory glance constitution literature majority obviously correct noting third governmental interest articulated buckley using disclosures police limitations contributions expenditures application either contributions expenditures ohio since ohio statute sets limitations justice white noted partial dissent buckley citing burroughs corrupt use money candidates much feared corrosive influence large contributions many illegal ways spending money influence elections one blind history deny unlimited money tempts people spend whatever money buy influence election emphasis original certainly swp effect example appellants noted oral argument swp candidate ohio gubernatorial election received votes republican candidate margin victory democratic candidate votes tr oral arg impact minor parties elections well documented see generally hesseltine movements therefore disagree majority suggestion ante government interest deterring corruption furthered disclosure expenditures including commercial services even improprieties unlikely occur expenditures commercial services full verifiable disclosure needed ensure improper expenditures hidden commercial accounts according majority question whether buckley test applies compelled disclosure recipients expenditures properly us ante majority declares answering question district necessarily held buckley standard permits flexible proof reasonable probability threats harassment reprisals applies contributions expenditures evidence sufficient show reasonable probability disclosure subject contributors recipients public hostility harassment ibid emphasis added justice blackmun ante however accurately characterizes district action assuming buckley standard applies disclosure expenditures holding evidence sufficient meet standard district assumption understandable since appellants question thus appropriate case determine whether different test standard proof employed determining constitutional validity required disclosure expenditures even assuming general applicability buckley standard though question presented requires us inquire whether evidence harassment establishes reasonable probability ohio law trigger threats harassment reprisals recipients expenditures turn may harm party associational interests inquiry necessarily distinct inquiry whether evidence establishes reasonable probability disclosure trigger threats harassment reprisals contributors although proof requirements guiding separate inquiry remain flexible direct proof harm disclosure required ultimately party must prove harm disclosure recipients outweighs governmental interest disclosure separately focused inquiry necessarily alter buckley reasonable probability test flexible proof standard however plainly require different result see swint majority clearly articulate standard review applying determining district properly concluded evidence established reasonable probability harassment ante majority seems apply standard district admitted exhibit record certified copy findings fact made federal election commission pursuant order socialist workers national campaign committee jennings dc stipulated judgment entered fec case analyzed affidavits submitted swp members documentary evidence public private harassment swp members finding fec accepted swp proposed finding landlady san francisco rejected application two swp members apartment fbi visited landlady warned dangers swp finding fec accepted swp proposed finding landlady chicago evicted swp member apartment landlady explained told refusing identify two incidents course remote time place suggest party difficulty finding office space suggest general public likely engage similar activity moreover fbi actions swp long ended see final report select committee study governmental operations respect intelligence activities vol pp congress since instituted rigorous oversight fbi intelligence activities see supp iv inference two incidents disclosure recipients expenditures increase difficulty party might obtaining office space tenuous plainly outweighed substantial public interest disclosure buckley majority notes ante entries expenditure forms designated per diem travel expenses room rental least expenditure statements gave names persons receiving per diem funds swp apparently party treasurers party candidates received per diem payments evidence filing statements ohio secretary state caused harassment named persons indeed highly unlikely disclosure increase exposure persons already publicly identified party holding state statute unconstitutional applied must sever apply constitutional portions unless legislature intended applied provisions within power independently buckley supra severing constitutional portions federal election campaign act holding portions unconstitutional face quoting champlin refining corporation clearly expenditure disclosure requirements ohio statute served applied even though contribution disclosure requirements applied instance two requirements analytically practically distinct