Interesting Supreme Court First Amendment Case with Potential Implications for Campaign Finance and Other Election Law Cases

Today on an 8-1 vote (with Justice Alito dissenting), the Supreme Court struck down on First Amendment grounds a statute barring “the commercial creation, sale, or possession of certain depictions of animal cruelty.” Along the way, the Court discusses categorical exclusions from the First Amendment, the inability of a promise of prosecutorial reluctance to enforce a statute in an unconstitutional way as a permissible means of rending a suspect statute unconstitutional, and the overbreadth doctrine.
I expect to see each of these discussions cited in future briefs on campaign finance regulation, as well as potentially in other election law areas.

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