Earlier quoted context omitted.
I knew someone would bring up Citizens United v FEC when I said worst. I know this will be an unpopular opinion on this forum, but I believe that case was decided correctly. I agree wholeheartedly with Justice Kennedy's opinion that "If the First Amendment has any force, it prohibits Congress from fining or jailing citizens, or associations of citizens, for simply engaging in political speech" Read the opinions and d…
The essential problem, which Justice Kennedy seemed not to understand, is that money is not speech. The easy test to show this as nonsense is quantification, i.e., it’s clearly the case that some citizens have more money than others, but it’s nonsense to think that some citizens have more free speech than others. One of Justice Kennedy’s clerks in 2009-2010 was Misha Tseytlin, a Federalist Society member who undoubte…
Banning spending money on newspaper is banning the newspaper. Banning spending money on advertisement is banning the advertisement.
Under the dissenting view in Citizens United, Congress could ban the NYT, WaPo, WSJ, etc. from talking about politics. That's just absurd. Congress could have banned the Federalist Papers!
I've always tried to find a middle ground that prevented for profit corporations from spending money. But like 99% of our media is for profit corporations. It doesn't make sense to ban Amazon from political speech, unless they buy the Washington Post, in which case they can do whatever the fuck they want.