The court, in its 5-4 decision in Citizens United v. Federal Election Commission, ruled against Kagan’s contention that the government can limit political speech by corporations.
In a scathing concurrence to the opinion, Chief Justice John Roberts blasted Kagan’s argument.
“The government urges us in this case to uphold a direct prohibition on political speech. It asks us to embrace a theory of the First Amendment that would allow censorship not only of television and radio broadcasts, but of pamphlets, posters, the Internet, and virtually any other medium that corporations and unions might find useful in expressing their views on matters of public concern,” he wrote.
“Its theory, if accepted, would empower the government to prohibit newspapers from running editorials or opinion pieces supporting or opposing candidates for office, so long as the newspapers were owned by corporations — as the major ones are. First Amendment rights could be confined to individuals, subverting the vibrant public discourse that is at the foundation of our democracy.”
Justice Anthony Kennedy wrote in the majority opinion that Kagan was defending a law that represents an illegitimate attempt to use “censorship to control thought.”
Yikes.
No comments:
Post a Comment