disagrees with the political views the newspaper ex presses See Austin 494 U S

Disagrees with the political views the newspaper ex

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disagrees with the political views the newspaper ex- presses. See Austin , 494 U. S., at 687 (S CALIA , J., dissent- ing). Under the Government’s view, that potential dis- agreement could give the Government the authority to restrict the media corporation’s political speech. The First Amendment does not allow that power. There is, further- more, little evidence of abuse that cannot be corrected by shareholders “through the procedures of corporate democ- racy.” Bellotti , 435 U. S., at 794; see id. , at 794, n. 34. Those reasons are sufficient to reject this shareholder- protection interest; and, moreover, the statute is both underinclusive and overinclusive. As to the first, if Con- gress had been seeking to protect dissenting shareholders, it would not have banned corporate speech in only certain media within 30 or 60 days before an election. A dissent- ing shareholder’s interests would be implicated by speech in any media at any time. As to the second, the statute is overinclusive because it covers all corporations, including nonprofit corporations and for-profit corporations with only single shareholders. As to other corporations, the remedy is not to restrict speech but to consider and ex- plore other regulatory mechanisms. The regulatory mechanism here, based on speech, contravenes the First Amendment. 4 We need not reach the question whether the Govern-
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47 Cite as: 558 U. S. ____ (2010) Opinion of the Court ment has a compelling interest in preventing foreign individuals or associations from influencing our Nation’s political process. Cf. 2 U. S. C. §441e (contribution and expenditure ban applied to “foreign national[s]”). Section 441b is not limited to corporations or associations that were created in foreign countries or funded predominately by foreign shareholders. Section 441b therefore would be overbroad even if we assumed, arguendo, that the Gov- ernment has a compelling interest in limiting foreign influence over our political process. See Broadrick , 413 U. S., at 615. C Our precedent is to be respected unless the most con- vincing of reasons demonstrates that adherence to it puts us on a course that is sure error. “Beyond workability, the relevant factors in deciding whether to adhere to the principle of stare decisis include the antiquity of the precedent, the reliance interests at stake, and of course whether the decision was well reasoned.” Montejo v. Louisiana , 556 U. S. ___, ___ (2009) (slip op., at 13) (over- ruling Michigan v. Jackson , 475 U. S. 625 (1986)). We have also examined whether “experience has pointed up the precedent’s shortcomings.” Pearson v. Callahan , 555 U. S. ___, ___ (2009) (slip op., at 8) (overruling Saucier v. Katz , 533 U. S. 194 (2001)). These considerations counsel in favor of rejecting Aus- tin , which itself contravened this Court’s earlier prece- dents in Buckley and Bellotti . “This Court has not hesi- tated to overrule decisions offensive to the First Amendment.” WRTL , 551 U. S., at 500 (opinion of S CALIA , J.). “ [S]tare decisis is a principle of policy and not a me- chanical formula of adherence to the latest decision.” Helvering v. Hallock , 309 U. S. 106, 119 (1940).
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