The War on Political Free Speech
[Commentary] Two years ago the Supreme Court upheld the right of an incorporated nonprofit organization to distribute, air and advertise a turgid documentary about Hillary Clinton called, appropriately enough, "Hillary: The Movie." From this seemingly innocuous and obvious First Amendment decision has sprung a campaign of disinformation and alarmism rarely seen in American politics. From the start, reaction to Citizens United v. Federal Election Commission has bordered on the hysterical.
Sen Bernie Sanders (I-VT) proposed a constitutional amendment last month that would not only prohibit corporations from speaking on political elections, but would prohibit any group of citizens organized "to promote business interests" from speaking about elections. Presumably, this could extend to everyone from the Heritage Foundation and the National Federation of Independent Business to the Republican National Committee and local citizens organizing against a sales-tax referendum. Because most newspapers are incorporated, UCLA law Prof. Eugene Volokh believes that the Sanders Amendment and a companion bill in the House would even authorize the government to prohibit newspaper editorials about elections.
[Smith is a former FEC Commissioner]