Federal Election Commission v. Hall-Tyner Election Campaign Committee

IRVING R. KAUFMAN, Circuit Judge:

Anonymity has long been essential to uninhibited political activity in a democratic society. The secret ballot ensures that no one must answer for the vote he casts. Confidentiality prevents the apprehension of reprisal that threatens to suppress the robust interchange of ideas at the core of the First Amendment’s guarantee of free speech and protection of privacy in association. A society confident in its stability does not fear the voice of opposition. Indeed, unafraid of dissent, we recognize our ability to exhibit special indulgence to nurture the free…