I was reading the oral arguments in Case 08-205, Citizens United v. The Federal Election Commission and noticed that the Kindle was mentioned by Justice Kennedy.
MR. STEWART: If the book contained the functional equivalent of express advocacy. That is, if it was subject to no reasonable interpretation -
JUSTICE KENNEDY: And I suppose it could even, is it the Kindle where you can read a book? I take it that's from a satellite. So the existing statute would probably prohibit that under your view?
MR. STEWART: Well, the statute applies to cable, satellite, and broadcast communications. And the Court in McConnell has addressed the -
JUSTICE KENNEDY: Just to make it clear, it's the government's position that under the statute, if this kindle device where you can read a book which is campaign advocacy, within the 60-30 day period, if it comes from a satellite, it's under -- it can be prohibited under the Constitution and perhaps under this statute?
MR. STEWART: It -- it can't be prohibited, but a corporation could be barred from using its general treasury funds to publish the book and could be required to use -- to raise funds to publish the book using its PAC.
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