Cite as: 528 U. S. 377 (2000)
Thomas, J., dissenting
protection. See, e. g., Mills v. Alabama, 384 U. S. 214, 218 (1966); Whitney v. California, 274 U. S. 357, 375 (1927) (Brandeis, J., concurring); T. Cooley, Constitutional Limitations *422; Z. Chafee, Free Speech in the United States 28 (1954); Bork, Neutral Principles and Some First Amendment Problems, 47 Ind. L. J. 1, 20 (1971); Sunstein, Free Speech Now, in The Bill of Rights in the Modern State 304-307 (G. Stone, R. Epstein, & C. Sunstein eds. 1992). The Founders sought to protect the rights of individuals to engage in political speech because a self-governing people depends upon the free exchange of political information. And that free exchange should receive the most protection when it matters the most—during campaigns for elective office. "The value and efficacy of [the right to elect the members of government] depends on the knowledge of the comparative merits and demerits of the candidates for public trust, and on the equal freedom, consequently, of examining and discussing these merits and demerits of the candidates respectively." Madison, Report on the Resolutions (1799), in 6 Writings of James Madison 397 (G. Hunt ed. 1906).
I do not start with these foundational principles because the Court openly disagrees with them—it could not, for they are solidly embedded in our precedents. See, e. g., Eu v. San Francisco County Democratic Central Comm., 489 U. S. 214, 223 (1989) ("[T]he First Amendment 'has its fullest and most urgent application' to speech uttered during a campaign for political office" (quoting Monitor Patriot Co. v. Roy, 401 U. S. 265, 272 (1971))); Brown v. Hartlage, 456 U. S. 45, 53 (1982) ("The free exchange of ideas provides special vitality to the process traditionally at the heart of American constitutional democracy—the political campaign"); Garrison v. Louisiana, 379 U. S. 64, 74-75 (1964) ("[S]peech concerning public affairs is . . . the essence of self-government"). Instead, I start with them because the Court today abandons them. For nearly half a century, this Court has extended First Amendment protection to a multitude of forms of
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