Safire on Citizens United

In a recent column William Safire notes his predictions for the new year in multiple choice format, asking readers to choose one, all, or none for each question.  One of his questions addresses important cases that the Supreme Court may consider this term.

 10. The Supreme Court will decide:

(a) in nipple exposure or “fleeting expletives” on live TV, that the F.C.C. exceeded its authority in fining Fox for indecency

(b) that the Federal Election Commission was wrong to censure a moviemaker whose “biopic” was hostile to Hillary Clinton during her campaign

(c) that the appearance of impropriety in financial dealings of a West Virginia judge disqualified him from sitting in a coal-company dispute

(d) that Attorney General John Ashcroft and F.B.I. director Robert Mueller had a “qualified immunity” from being sued for racial profiling in imprisoning suspected terrorists

(e) that in al-Marri v. Pucciarelli, a legal U.S. resident cannot be held indefinitely at Guantánamo

Safire gives his prediction that the Court will do all of the above.  Though I’m certain (b) refers to Citizens United v. FEC, I’m not quite sure what “censure” Mr. Safire is referring to; the case is an as-applied challenge.

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