How the Supreme Court dismantled campaign-finance reform—and how government missteps in the Citizens United case inadvertently aided in its undoing:
Alito wanted to push Stewart down a slippery slope. Since McCain-Feingold forbade the broadcast of ‘electronic communications’ shortly before elections, this was a case about movies and television commercials. What else might the law regulate? ‘Do you think the Constitution required Congress to draw the line where it did, limiting this to broadcast and cable and so forth?’ Alito said. Could the law limit a corporation from ‘providing the same thing in a book? Would the Constitution permit the restriction of all those as well?’
Yes, Stewart said: ‘Those could have been applied to additional media as well.’
The Justices leaned forward.