I am reminded of the Supreme Court case where a guy made a politically based DVD that targeted a Democrat, and was prohibited from marketing it during an election cycle which was also the holiday season when he expected to make sales. When the case got to the Supreme Court, the Supreme Justices were questioning the government attorney and asked something to the effect of: “Would these laws allow you to censor a book or other media?” and she said “Technically, yes, but we would never do that.”
Scalia (to his eternal credit) leaned over the bench and said something like: “We are not in the practice of putting discretion like this in the hands of bureaucrats!”
I forget the case, but it illustrates what he was trying to prevent, but it is so ingrained with so much over-legislation that it can be, and often is used at the discretion of the government agency.
IOW, the barn door has already been opened.
This?
http://www.law.cornell.edu/supct/html/08-205.ZO.html
CITIZENS UNITED, APPELLANT v. FEDERAL
ELECTION COMMISSION
re “Hillary: The Movie”