Title: Amending the First Amendment | Ronald D. Rotunda | Verdict | Legal Analysis and Commentary from Justia
Headings: Amending the First Amendment
Amending the First Amendment
The Alarming Implications of S.J.Res. 19
The Corruption Argument

Content: 19 will lead us into those uncharted waters. The House version, H.J.Res. 20, leaves out altogether the part about not abridging “freedom of the press.” Its language is even more emphatic that it repeals the First Amendment. The FEC said that a feature-length movie like Hillary: the Movie is “electioneering communications.” Thus, the FEC tried to ban it. Before the U.S. Supreme Court, the ACLU filed a powerful brief warning that the Government “threatened speech that lies at the heart of the First Amendment, including genuine issue ads by nonpartisan organizations like the ACLU.” During the first oral argument in the Citizens United case, the Supreme Court asked the Government if it claimed the power to ban books. The Government’s answer was yes: “