Furgatch Returns, Right?
Is the upshot of WRTL:
-that the Constitution allows the government to prohibit corporations from making expenditures that contain messages of express advocacy, which will be evaluated by whether it could not reasonably be something other than express advocacy, looking at the message itself with limited references to outside context?
If that’s true, isn’t this Furgatch (807 F.2d 857 (9th Cir. 1987)) on steroids? (Here’s the 9th circuit applying Furgatch in a California Right to Life case, unfortunately Furgatch itself does not appear to be available for free online).
Could the Roberts Court be siding with the 9th Circuit, and against the 4th Circuit? Who woulda thunk it?
Tuesday’s Special Free-Speech Edition of the Daily News…
Since Andy is out today, here is a special free-speech edition of the Daily News. Yesterday’s Supreme Court decision in the McCain Feingold case was very good news indeed. Let’s hope Allison Hayward is wrong, though I confess I had the same initial r…
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