“The Government urges us in this case to uphold a direct prohibition on political speech. It asks us to embrace a theory of the First Amendment that would allow censorship not only of television and radio broadcasts, but of pamphlets, posters, the Internet, and virtually any other medium that corporations and unions might find useful in expressing their views on matters of public concern,” wrote Roberts. “Its theory, if accepted, would empower the Government to prohibit newspapers from running editorials or opinion pieces supporting or opposing candidates for office, so long as the newspapers were owned by corporations—as the major ones are. First Amendment rights could be confined to individuals, subverting the vibrant public discourse that is at the foundation of our democracy.”
Even liberal Justice Ginsberg questioned Kagan about the policy, inquiring as to whether or not the same principle could be used to ban books:
When the court heard oral arguments in the case again on Sept. 9, 2009, Kagan personally made the case for the administration. Justice Ruth Bader Ginsburg asked Kagan if the administration stood by its position that the government could ban books.
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