If Clarence Thomas’s views of the First Amendment overtake Antonin Scalia's among Supreme Court conservatives, we are in trouble.
, that “We do not doubt that the State may prohibit messages intended to mislead voters about voting requirements and procedures.”Many necessary laws to support election integrity, however, would be at risk of being held unconstitutional by a Supreme Court that often adopts a naïve libertarian “marketplace of ideas” approach to the First Amendment that presumes without evidence that the truth will rise to the top.
unless it explicitly calls for a vote for or against a candidate because our laws have not been updated to deal with technological change.For many years, even many conservatives on the Supreme Court such as the late Justice Antonin Scalia recognized the value of campaign finance disclosure in not only ferreting out corruption but also insuring that busy voters have useful information to judge election-related messages they receive.
that a system in which people can hide their identities while engaging in political activity “does not resemble the Home of the Brave.