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"This is a sad day for the freedom of speech," declared Justice Scalia in his dissent to the December 10 decision of the United States Supreme Court in McConnell v. FEC. The Court had just upheld nearly all of the McCain-Feingold legislation formally known as the Bipartisan Campaign Act of 2003 (BCRA). Scalia noted that the Court had recently "sternly disapproved of restrictions upon such inconsequential forms of expression as virtual child pornography... tobacco advertising... dissemination of illegally intercepted communications..., and sexually explicit cable programming." "Who could have imagined," Scalia continued, "that the same Court ... would smile with favor upon ...