Abstract
205 THE UNITED STATES CONSTITUTION expressly mandates that “Congress shall make no law . . . abridging the freedom of speech . . . or the right of the people peaceably to assemble, and to petition the government. . . . “1 Political speech is at the very “core” of this guarantee,2 so that Congress is constitutionally proscribed from telling people that they cannot criticize public officials, ask constituents to call their legislator about pending legislation, or speak out on vital issues of the day. Yet in McConnell v. FEC,3 the Supreme Court facially upheld an “electioneering communication” ban4 that forbids citizen watchdog groups5 from communicating any message through broadcasting advertisements mentioning the name of any federal candidate for sixty days before a general election6—even if an ad merely asks constituents to tell Congressman Intransigent to vote for the Bipartisan Fix-AllProblems Act during the busy legislative period before candidates rush home for campaigning preceding the election. The Supreme Court that formerly considered itself the guardian of the First Amendment right to en-
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