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CNSNews.com) - Solicitor General Elena Kagan, nominated Monday to the U.S. Supreme Court by President Barack Obama, told that court in September that Congress could constitutionally prohibit corporations from engaging in political speech such as publishing pamphlets that advocate the election or defeat of a candidate for federal office.
Kagan’s argument that the government could prohibit political speech by corporations was rejected by a 5-4 majority of the Supreme Court in the case of Citizens United v. Federal Election Commission. Justice Anthony Kennedy wrote the majority opinion in that case, and in a scathing concurrence Chief Justice John Roberts took direct aim at Kagan’s argument that the government could ban political pamphlets.
“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 mediumthat corporations and unions might find useful in expressing their views on matters of public concern,” wrote Roberts. “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.”
Originally posted by poedxsoldiervet
reply to post by prionace glauca
No thank you, I think anyone can spout off at the mouth all the want to. I dont have to listen, However if you dont shut your mouth in my home you may end up on your ass, outside my door...
To anyone who things you should regulate speach just try it, Im in a fighting mood.
Obama Swipes at Media, Says 'Information' Onslaught Pressuring 'Democracy'
Speaking at Hampton University in Virginia, the president raised alarms when he said "information becomes a distraction, a diversion" that is putting "pressure on our country and on our democracy."
The president suggested less is more when it comes to absorbing news content and urged graduates to take a skeptical eye toward news from blogs, cable television and radio as well as modern gadgets like iPods and PlayStations.