"The government lawyer also suggested that books could be prohibited in the same way McCain-Feingold restricts the airing of certain political advertisements within 30 days of a primary or 60 days of a general election. That proposition did not sit well with the court's conservative members.
'That's pretty incredible,' Justice Samuel Alito exclaimed.
Justice Antonin Scalia who has consistently ruled against restrictions on campaign speech rhetorically asked the government lawyer if the First Amendment "cover[s] the right of any individual to -- to write, to publish?"
Obama and the Oboobs want very much to shut you and me up.
And they don't even seem to know (or care about) the limits of the law they're invoking:
"Chief Justice Roberts asked Stewart if a 500-page book that contained a single statement of support for a candidate would be subject to the same restrictions and [FEC lawyer] Stewart's response was that, yes it could. However, the electioneering communications rules only apply to broadcast, cable, or satellite transmission messages."
Ken Klukowski at American Thinker is a little more descriptive and blunt:
"The Obama Administration claimed that BCRA allows the federal government to ban a 600-page book if it mentions a candidate's name only once, a 90-minute movie if it mentions a candidate's name once, or even a toy action figure of a candidate. If the organization uses a single dime of its general funds to produce, promote or distribute any such materials during the "blackout" periods, it becomes a federal crime.
Citizens United v. FEC perfectly reflects these concerns. As Olson emphasized in his closing statements, BCRA includes draconian penalties for alleged violations. Selling a banned movie, book or even toy action figure is a felony under this law, punishable by five years in federal prison. If someone can only speak out about political candidates by facing such a possibility, Olson concluded, "He won't dare take the chance."
Keep your powder dry.
The Gunslinger
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