A May 18 article by Drew Zahn purports to detail that in the Citizens United case, Kagan "argued that the federal government has the power to ban books it deems to be 'political electioneering'" and that "political pamphlets could run afoul of the law." It's a typically unfair and unbalanced article, quoting only Citizens United's David Bossie and others attacking Kagan's argument. Zahn also obscures the fact that the law Kagan was arguing in favor of upholding applied only to corporate spending on political campaigns, not individual spending -- which means that Kagan was not, as Bossie falsely claimed, arguing to ban political pamphlets like those issued by Thomas Paine.
Nat Hentoff churned out a set of Klein-like distortions of Kagan's views on free speech in his May 19 WND column -- even citing the Media Research Center as an authoritative source for his smears. Media Matters breaks it down.