The Obama Administration claimed that BCRA allows the federal government to ban a 600-page book if it mentions a candidate’s name only once, a 90-minute movie if it mentions a candidate’s name once, or even a toy action figure of a candidate. If the organization uses a single dime of its general funds to produce, promote or distribute any such materials during the “blackout” periods, it becomes a federal crime.
The key justices in this case seemed astonished at the broad powers the Obama Administration was claiming under BCRA, and seem poised to rule 5-4 in favor of Citizens United. This would continue a steady trend over the past couple years, with moderate Justice Kennedy siding with the four conservative justices on issues of political speech. This will be the third BCRA suit in as many years, and should be decided by the same split as they others.
The issue in these cases is the freedom of individuals to act together to speak out on public matters. As Ted Olson explained in his opening statement, “Participation in the political process is the First Amendment’s most fundamental guarantee. Yet that freedom is being smothered by one of the most complicated, expensive, and incomprehensible regulatory regimes ever invented.”
