McConnell v. Federal Election Comm'n, 540 U.S. 93, 185 (2003)

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284

McCONNELL v. FEDERAL ELECTION COMM'N

Opinion of Thomas, J.

a nonmedia corporation.14 Media corporations are influential. There is little doubt that the editorials and commentary they run can affect elections. Nor is there any doubt that media companies often wish to influence elections. One would think that the New York Times fervently hopes that its endorsement of Presidential candidates will actually influence people. What is to stop a future Congress from determining that the press is "too influential," and that the "appearance of corruption" is significant when media organizations endorse candidates or run "slanted" or "biased" news stories in favor of candidates or parties? Or, even easier, what is to stop a future Congress from concluding that the availability of unregulated media corporations creates a loophole that allows for easy "circumvention" of the limitations of the current campaign finance laws?15

Indeed, I believe that longstanding and heretofore unchallenged opinions such as Miami Herald Publishing Co. v. Tornillo, 418 U. S. 241 (1974), are in peril. There, the Court noted that "[c]hains of newspapers, national newspapers, national wire and news services, and one-newspaper towns, are

14 Chief Justice Burger presciently commented on precisely this point in First Nat. Bank of Boston v. Bellotti, 435 U. S. 765, 796-797 (1978) (concurring opinion) (citations omitted):

"In terms of 'unfair advantage in the political process' and 'corporate domination of the electoral process,' it could be argued that such media conglomerates as I describe pose a much more realistic threat to valid interests than do appellants and similar entities not regularly concerned with shaping popular opinion on public issues. See Miami Herald Publishing Co. v. Tornillo, [418 U. S. 241 (1974)]. In Tornillo, for example, we noted the serious contentions advanced that a result of the growth of modern media empires 'has been to place in a few hands the power to inform the American people and shape public opinion.' 418 U. S., at 250."

15 It appears that "circumvention" of the campaign finance laws by exploiting media exemptions is already being planned by one of the plaintiffs in this litigation. See Theimer, NRA Seeks Status as News Outlet, Washington Post, Dec. 7, 2003, p. A09 (reporting that the NRA is looking to acquire a broadcast outlet and seeking to be classified as a news organization).

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