Next
week, for the second time, the Supreme Court will hear oral
arguments in a case that poses the question of whether the
Federal Election Commission violated the First Amendment when it
blocked pay-per-view distribution of a critical
documentary about Hillary Clinton during the 2008 primary
season. Senior Editor Jacob Sullum argues that the
Court should overturn the federal ban on "electioneering
communications," which was the basis for the FEC's
censorship, and repudiate its constitutional rationale:
the notion that the marketplace of ideas should be regulated to
prevent some speakers from gaining an unfair advantage over
others.
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