During the argument before the U.S. Supreme Court in the pending Citizens United vs. Federal Election Commission case on whether the documentary film "Hillary: the Movie," (a movie critical of Hillary Clinton’s record and policy positions) should be banned under the Federal Election Campaign Act in election season, a question was asked of one of the government lawyers, namely, whether such a ban would also apply to books that contain references to candidates. The government lawyer said "Yes, books can be banned" under the law in question.
Campaign finance reform advocates like Fred Wertheimer also agree, "books can be banned." But Supreme Court Justice Alito was not so keen on that idea when he heard it in the Citizens United case, and now the Supreme Court is holding a rare second oral argument in the case later this month on the specific subject of book burning, or, eh, I mean film and book banning, couched under the question of whether a corporation’s contributions to a communication that expressly advocates the election or defeat of a candidate can be banned. This goes to one of the fundamental underpinnings of campaign finance law (elimination of corporate and union contributions in Federal and some local elections).
In 1976, at the time of the historic Buckley v. Valeo decision of the Supreme Court, which upheld most of the original Federal Election Campaign Act, corporate contributions generally suffered from a stigma that they were "corrupting" of the election process. The idea was that the Government needed to be protected from corporations. But times have changed. At a time when the Federal government is taking over major corporations and cleaning out management, doesn’t a corporation now have a clearer stake in the election process, to protect it from the Government?
Anyway, today, the Institute for Justice released a “top ten” list of political advocacy books from the last four presidential election cycles and asked: If the First Amendment doesn’t protect “Hillary: The Movie,” would it protect books like these?
1. Dude, Where’s My Country?, Michael Moore, 2003 (“There is probably no greater imperative facing the nation than the defeat of George W. Bush in the 2004 election.”)
2. Bush Must Go, Bill Press, 2004 (“If you need any ammunition for voting against George Bush, here they are: the top ten reasons why George Bush must be denied a second term.”)
3. My Dad, John McCain, Meghan McCain, 2008 (“There are a few things you need to know about my dad, and one of them is that he would make a great president.”)
4. The Case Against Hillary, Peggy Noonan, 2000 (“And that is the great thing about democracy: Before Hillary Clinton gets to decide your future, you get to decide hers.”); and The Case for Hillary, Susan Estrich, 2005 (“And when I say a woman president, it means Hillary.”)
5. Unfit for Command, John E. O’Neil and Jerome R. Corsi, Ph.D., 2004 (“I do not believe John Kerry is fit to be commander in chief of the armed forces of the United States.”)
6. A Call to Service, John Kerry, 2003 (“It is that determination I hope to bring to the election of 2004, to the presidency of the United States, and to the common challenges Americans face.”)
7. Lies and the Lying Liars Who Tell Them, Al Franken, 2003 (“George W. Bush is the worst environmental president in our nation’s history.”)
8. Shrub, Molly Ivins & Lou Dubose, 2000 (“George W. Bush is promising to do for the rest of the country what he has done for Texas.”)
9. Bushworld, Maureen Dowd, 2004 (“So it’s understandable why, going into his reelection campaign, Mr. Bush wouldn’t want to underscore that young Americans keep getting whacked over there [in Iraq].”)
10. Between Hope and History, President Bill Clinton, 1996 (“Now, I believe with all my heart, this is another moment for Americans to decide.”)