◼ Proposed Constitutional Amendment Would Ban Editorials About Candidates or Ballot Measures by Nearly All Newspapers - Eugene Volokh/The Volokh Conspiracy
Nearly all newspapers, TV stations, cable networks, and rations (except of course for nonprofits such as NPR) are organized as corporations or other entities established for business purposes. Under section 3, they “shall be prohibited” from making expenditures “in any election of any candidate ... or the vote upon any ballot measure.” Since to write or print or broadcast anything, newspapers, networks, and broadcasters must spend money, this would ban — not just authorize Congress to ban, but itself ban — editorials supporting or opposing a candidate or a ballot measure.
...Now perhaps one could argue that, notwithstanding sections 1 and section 3, (H. J. RES. 90) business entities retain the “freedom of the press” even though they lose all other constitutional rights. But, as I’ve discussed in considerable detail in this article, the “freedom of the press” has throughout American history meant the freedom of all to use communications technology, not a freedom limited to any specific industry. So if business entities do still have “freedom of the press” rights, which leaves the New York Times free to exercise such rights, then other business corporations would have the same rights as well, including the right to rent space or time in newspapers and television and radio programs to express their views, much as newspapers, cable networks, and broadcasters have the right to use such space or time.
On top of that, the proposal would mean that any government could take corporate property — whether of big businesses or small closely held corporations — without paying any compensation at all, could take corporate property without due process, and more. That would be quite a constitutional amendment.
