The Wall Street Journal notes that corporate blogs and tweets can “run afoul of Securities and Exchange Commission regulations on corporate communications.” What about corporate blogs and tweets that expressly support or oppose candidates? Citizens United explains that free expression’s “creative dynamic” counsels against restriction of political speech in “certain media or by certain speakers.” Slip. op. at 49.
[I]t may be that Internet sources, such as blogs and social networking Web sites, will provide citizens with significant information about political candidates and issues. Yet, § 441b would seem to ban a blog post expressly advocating the election or defeat of a candidate if that blog were created with corporate funds. The First Amendment does not permit Congress to make these categorical distinctions based onthe corporate identity of the speaker and the content of the political speech.