[justshutupandtakeit]

Congress was given the power to regulate the manner of holding elections under the constitution and the first amendment does not change that. Freedom of speech is not absolute and is restricted in many appropriate situations.

How is this restriction any different than those preventing electioneering within 100 yards of the polling places? They are violations of an absolute freedom of speech as well.

[Steve_Seattle]

"How is this restriction any different than those preventing electioneering within 100 yards of the polling places?"

I think there is a huge difference. Electioneering at a polling place can be viewed as intimidation in a very immediate sense; if you had to run through a gauntlet of political signs and pamphleteers to get to a polling place, many people simply wouldn't go - it would either frighten or annoy them. Also, when electioneering goes on at or near a polling place, it raises questions of collusion between poll-workers and partisan political activists.

[Who is John Galt?]

Congress was given the power to regulate the manner of holding elections under the constitution and the first amendment does not change that.

Using your asinine sustitute for reasoning, it would be 'constitutional' for Congress to reinstitute human slavery, if it was done as part of regulating an election.

"Flush out your headgear, New Guy!"

Freedom of speech is not absolute and is restricted in many appropriate situations.

Did I say it was absolute? Hmm? If "the freedom of speech, or of the press" are to be abridged, however, they may not be abridged by "Congress."

How is this restriction any different than those preventing electioneering within 100 yards of the polling places? They are violations of an absolute freedom of speech as well.

Oh, that's a wonderful argument: 'one unconstitutional law justifies another.' How nice...

;>)

[El Gato]

How is this restriction any different than those preventing electioneering within 100 yards of the polling places? They are violations of an absolute freedom of speech as well.

Those are place and manor restrictions, this is a content based restriction. Up until today, those have always been been understood to be unconsitutional, as they are. The purpose of the 100 yard, or whatever, no electioneering zones was not and is not to prevent people from electioneering, it was to make the process of a going in and casting your vote free from intimidation by political bullyboys, a quite common occurance in the past. In other words, it was to protect your right to vote free from interferance.