National Republican Senatorial Committee v. Federal Election Comm’n · ¶36

This Court’s precedents start with the basic precept that when “the Government restricts speech, the Government bears the burden of proving the constitutionality of its actions.” McCutcheon v. Federal Election Comm’n, 572 U. S. 185, 210 (2014) (plurality opinion) (quotation marks omitted). Restrictions on campaign expenditures for political speech are permitted only in the exceedingly rare circumstances where they promote a compelling interest and are the “least restrictive means to further the articulated interest.” Id., at 197.

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