Move to Amend
Citizens United was first argued by the Supreme Court on March 24, 2009. It addressed a narrow issue of campaign finance law. As it was being argued something happened. Deputy Solicitor General Malcolm Steward represented the U.S. government, and his unexpected answer to just one question dramatically changed the American electoral process.
McCain-Feingold prohibited the broadcast of electioneering via electronic communications, in this case Video on Demand. Conservative Justice Alito spotted a weak point in Stewards argument. Alito wanted to know if that was the case with over media. “Could the law prohibit a corporation from providing the same thing in a book?”
“Yes”, Stewart said.
“That’s pretty incredible,” replied Alito. “You think that if a book was published, a campaign biography that was the functional equivalent of express advocacy that could be banned?”
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