Cite as: 504 U. S. 191 (1992)
Stevens, J., dissenting
IV
Ours is a Nation rich with traditions. Those traditions sometimes support, and sometimes are superseded by, constitutional rules. By tradition, for example, Presidential campaigns end on election eve; yet Congress certainly could not enforce that tradition by enacting a law proscribing campaigning on election day. At one time as well, bans on election-day editorial endorsements were traditional in some States,6 but Mills v. Alabama, 384 U. S. 214 (1966), established that such bans are incompatible with the First Amendment.
In Mills, we set aside the conviction of a newspaper editor who violated such a ban. In doing so, we declined to accept the State's analogy between the electoral process and the judicial process, and its claim that the State could, on election day, insulate voters from political sentiments and ideas much the same way as a jury is sequestered.7 We squarely rejected the State's claim that its ban was justified by the need to protect the public " 'from confusive last-minute charges and countercharges and the distribution of propaganda in an effort to influence voters on an election day.' " Id., at 219 (quoting State v. Mills, 278 Ala. 188, 195-196, 176 So. 2d 884, 890 (1965)). To the contrary, we recognized that it is precisely on election day that advocacy and campaigning "can be most effective." Mills, 384 U. S., at 219. Mills stands for the simple proposition that, tradition notwithstanding, the State does not have a legitimate interest in insulating voters from election-day campaigning. Thus, in
6 See, e. g., 1913 Mont. Laws § 34, pp. 590, 607; 1911 N. D. Laws, ch. 129, § 16, pp. 210, 214; 1909 Ore. Laws, ch. 3, § 34, pp. 15, 29.
7 "The idea behind [the ban on endorsements] was to prevent the voters from being subjected to unfair pressure and 'brainwashing' on the day when their minds should remain clear and untrammeled by such influences, just as this court is insulated against further partisan advocacy once these arguments are submitted." Brief for Appellee, O. T. 1965, No. 597, p. 9.
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