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How The Majority Of Mass Media Activities

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Building on Buckley v. Valeo, which held that spending money can be critical to exercising the freedom of speech, the majority also ruled that corporations have First Amendment rights and can spend money to exercise them. The Court overruled precedents that restricted political spending by unions and corporations during elections, finding that they were constitutionally permitted to support or oppose candidates, as long as they did not contribute Mediz their campaigns or parties directly. As a result, the section of the Bipartisan Campaign Reform Act that banned independent expenditures by corporations and unions was unconstitutional.

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It appeared that the majority used a heightened standard of review, similar to strict scrutiny. Kennedy noted that the government does not have the authority to level the playing field among speakers such that each speaker has equal access to the public. He used a vision of the First Amendment as protecting the marketplace of ideas from intrusion by the legislature, even if that intrusion was based on concerns of fairness. He was not persuaded that corporations would corrupt the marketplace of ideas How The Majority Of Mass Media Activities flooding it with speech that they supported because of their funding advantages. Kennedy felt that corruption was limited to quid pro quo exchanges and that all citizens should be able to make their own judgments on whether certain information is valuable, without having Meddia information removed from the marketplace of ideas in advance.

However, the majority held that provisions of the Bipartisan Campaign Reform Act that required disclosure of who funded the speech were valid here, although they might not be Majoority in all instances.

How The Majority Of Mass Media Activities

Focusing on the scope of the judicial role and the principle of stare Thw, or adherence to precedent, Roberts reinforced the majority's conviction that it could overrule prior decisions without threatening these well-established principles. His concurrence seemed to function as a pre-emptive defense to criticisms that the Court's jurisprudence in this area was inconsistent. Although he also joined the majority opinion, Scalia wrote separately to confront the arguments in the dissenting opinion by Justice Stevens.

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He felt the need to defend his textualist approach against Stevens' originalist approach, which he felt relied too heavily on the historical context rather than the plain meaning of the document. He also observed that corporations should not be divided into media and non-media classifications, based on his understanding of the Free Press Clause as applying to all written materials rather than the organized press. Thomas would have gone further than the majority and invalidated the disclosure requirements of the Bipartisan Campaign Reform Act as well.

How The Majority Of Mass Media Activities

He felt that anonymity was important in encouraging people to contribute to entities engaging in political speech. Fearing the possibility of retaliation, according to Thomas, could chill speech before it occurred, as had been the case in the California initiative process. While the majority found that these provisions could be challenged on an as-applied basis, he did not believe this protection was sufficient.]

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