Cite as: 558 U. S. ____ (2010)
37
Opinion of the Court
would be forbidden to speak or inform the public about the
same issue. This differential treatment cannot be squared
with the First Amendment.
There is simply no support for the view that the First
Amendment, as originally understood, would permit the
suppression of political speech by media corporations. The
Framers may not have anticipated modern business and
media corporations.
See McIntyre v. Ohio Elections
Comm’n, 514 U. S. 334, 360–361 (1995) (THOMAS, J.,
concurring in judgment). Yet television networks and
major newspapers owned by media corporations have
become the most important means of mass communication
in modern times. The First Amendment was certainly not
understood to condone the suppression of political speech
in society’s most salient media. It was understood as a
response to the repression of speech and the press that
had existed in England and the heavy taxes on the press
that were imposed in the colonies. See McConnell, 540
U. S., at 252–253 (opinion of SCALIA, J.); Grosjean, 297
U. S., at 245–248; Near, 283 U. S., at 713–714. The great
debates between the Federalists and the Anti-Federalists
over our founding document were published and expressed
in the most important means of mass communication of
that era—newspapers owned by individuals. See McIn
tyre, 514 U. S., at 341–343; id., at 367 (THOMAS, J., con
curring in judgment). At the founding, speech was open,
comprehensive, and vital to society’s definition of itself;
there were no limits on the sources of speech and knowl
edge. See B. Bailyn, Ideological Origins of the American
Revolution 5 (1967) (“Any number of people could join in
such proliferating polemics, and rebuttals could come from
all sides”); G. Wood, Creation of the American Republic
1776–1787, p. 6 (1969) (“[I]t is not surprising that the
intellectual sources of [the Americans’] Revolutionary
thought were profuse and various”). The Framers may
have been unaware of certain types of speakers or forms of