Cite as: 558 U. S. ____ (2010)
7
SCALIA, J., concurring
In passing, the dissent also claims that the Court’s
conception of corruption is unhistorical. The Framers
“would have been appalled,” it says, by the evidence of
corruption in the congressional findings supporting the
Bipartisan Campaign Reform Act of 2002. Post, at 61.
For this proposition, the dissent cites a law review article
arguing that “corruption” was originally understood to
include “moral decay” and even actions taken by citizens
in pursuit of private rather than public ends. Teachout,
The Anti-Corruption Principle, 94 Cornell L. Rev. 341,
373, 378 (2009). It is hard to see how this has anything to
do with what sort of corruption can be combated by re
strictions on political speech. Moreover, if speech can be
prohibited because, in the view of the Government, it leads
to “moral decay” or does not serve “public ends,” then
there is no limit to the Government’s censorship power.
The dissent says that when the Framers “constitutional
ized the right to free speech in the First Amendment, it
was the free speech of individual Americans that they had
in mind.” Post, at 37. That is no doubt true. All the
provisions of the Bill of Rights set forth the rights of indi
vidual men and women—not, for example, of trees or polar
bears. But the individual person’s right to speak includes
the right to speak in association with other individual
persons. Surely the dissent does not believe that speech
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books, pamphlets, or papers without previous restraint; or the unre
strained right which every citizen enjoys of publishing his thoughts and
opinions, subject only to punishment for publishing what is pernicious
to morals or to the peace of the state.” 2 American Dictionary of the
English Language (1828) (reprinted 1970).
As the Court’s opinion describes, ante, at 36, our jurisprudence
agrees with Noah Webster and contradicts the dissent.
“The liberty of the press is not confined to newspapers and periodi
cals. It necessarily embraces pamphlets and leaflets. . . . The press in
its historical connotation comprehends every sort of publication which
affords a vehicle of information and opinion.” Lovell v. City of Griffin,
303 U. S. 444, 452 (1938).