McConnell v. Federal Election Commission
District Court, District of Columbia
1Concurring in part, dissenting in partKaren Lecraft Henderson, Circuit Judge
“To an imagination of any scope the most far-reaching form of power is not money, it is the command of ideas.”
—Oliver Wendell Holmes, The Path of the Law, 10 Harv. L. Rev. 457, 478 (1897).
I believe the statute before us is unconstitutional in virtually all of its particulars; it breaks faith with the fundamental principle — understood by our nation’s Founding Generation, inscribed in the First Amendment and repeatedly reaffirmed by the United States Supreme Court — that “debate on public issues should be uninhibited, robust, and wide-open.” New York Times Co. v. Sullivan, 376 U.S. 254, 270,…