I'll be honest, I'm not incredibly well versed on this, but they are referring to
section 441b of this document. Kagan says "We went back, we considered the matter carefully, and the government's view is that although 441b does cover full-length books, that there would be quite good as-applied challenge to any attempt to apply 441b in that context." However, when I look at the relevant sections, I see:
Quote:
(c) Rules relating to electioneering communications
(1) Applicable electioneering communication
For purposes of this section, the term “applicable electioneering communication†means an electioneering communication (within the meaning of section 434 (f)(3) of this title) which is made by any entity described in subsection (a) of this section or by any other person using funds donated by an entity described in subsection (a) of this section.
which refers to:
Quote:
(3) Electioneering communication
For purposes of this subsection—
(A) In general
(i) The term “electioneering communication†means any broadcast, cable, or satellite communication which...
To reiterate, further down in the transcript of the event in question:
Quote:
General Kagan: No, no, that's exactly right. The only statute that is involved in this case does not cover books. So 441b which--
Chief Justice Roberts: Does cover books.
\
I personally don't see that it covers books, but I'm sure I'm missing something.