[D]isclosure provides the electorate with information as to where political campaign money comes from and how it is spent by the candidate in order to aid the voters in evaluating those who seek federal office. It allows voters to place each candidate in the political spectrum more precisely than is often possible ... [and] also alert[s] the voter to the interests to which a candidate is most likely to be responsive....
Like prior law, [amended § 1603(b)(3) ] requires disclosures only from entities **207 *18 that actually hire lobbyists. Thus, stealth coalitions can avoid any reporting by the simple and common expedient of relying on the lobbyists of one or two members to make actual lobbying contacts. As under prior law, those members must file reports, but they will not disclose anything more than prior law already required.
There could well be a case, similar to those before the Court in NAACP v. Alabama and Bates, where the threat to the exercise of First Amendment rights is so serious and the state interest furthered by disclosure so insubstantial that the Act's requirements cannot be constitutionally applied. But no appellant in this case has tendered record evidence of the sort proffered in NAACP v. Alabama. Instead, appellants primarily rely on the clearly articulated fears of individuals, well experienced in the political process. At best they offer the testimony of several minor-party officials that one or two persons refused to make contributions because of the possibility of disclosure.
NAM regularly lobbies on a variety of hot-button issues, including global warming and nuclear power, that may lead to adverse consequences for members identified as “actively participa[ting]” in such efforts. For example, mob violence has been directed at firms targeted by anti-globalization forces and the more extreme advocates [sic] of global warming.... Firms that are identified as actively lobbying on issues relating to on-going litigation, e.g., asbestos, risk becoming litigation targets. Taking policy positions that are unpopular **211 *22 with some groups may lead to boycotts, shareholder suits, demands for political contributions or support, and other forms of harassment.
There might be quibbles about the meaning of taking an ‘active part in managing’ or about ‘actively participating **214 *25 in ... fund-raising’ ...; but there are limitations in the English language with respect to being both specific and manageably brief, and it seems to us that although the prohibitions may not satisfy those intent on finding fault at any cost, they are set out in terms that the ordinary person exercising ordinary common sense can sufficiently understand and comply with, without sacrifice to the public interest.
The statute requires that the defendant hold, and make a statement that reflects, the belief that the material is child pornography; or that he communicate in a manner intended to cause another so to believe. Those are clear questions of fact. Whether someone held a belief or had an intent is a true-or-false determination, not a subjective judgment such as whether conduct is **216 *27 “annoying” or “indecent.” ... To be sure, it may be difficult in some cases to determine whether these clear requirements have been met. But courts and juries every day pass upon knowledge, belief and intent-the state of men's minds—having before them no more than evidence of their words and conduct, from which, in ordinary human experience, mental condition may be inferred.
No disclosure is required under paragraph (3)(B) if the organization that would be identified as affiliated with the client is listed on the client's publicly accessible Internet website as being a member of or contributor to the client, unless the organization in whole or in major part plans, supervises, or controls such lobbying activities.
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