The WSJ lends its hope here.
"That's pretty incredible," said Justice Samuel Alito. "You think that if a book was published, a campaign biography that was the functional equivalent of express advocacy, that could be banned?" Yes, Mr. Stewart said, if a corporation or union were paying for it. It would be possible to "prohibit the publication of the book using the corporate treasury funds."
With Chief Justice Roberts, Justice Alito has previously taken a cautious, piecemeal approach to campaign finance law. But as the current case shows, McCain-Feingold is a blunt instrument that gives federal bureaucrats the power to decide what kind of campaign advertising is allowed during an election. If "Hillary: the Movie" isn't allowed, then Michael Moore's documentaries should be banned, and newspaper endorsements would also be suspect despite a specific carve-out in the law. If newspapers didn't have that carve-out, then maybe so many editors wouldn't cheerlead for this kind of law. . . .
Will the Supreme Court Overturn McCain-Feingold?
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Oleh
abudzar
