Rutledge would also have found the statute unconstitutional under the majority's interpretation of the meaning of "expenditure." The majority twists itself into knots to distinguish between general union support for a publication and advertising- or subscription-supported support. However, that, too, runs afoul of the Constitution, Rutledge concluded. "I know of nothing in the Amendment's policy or history which turns or permits turning the applicability of its protections upon the difference between regular and merely casual or occasional distributions... Neither freedom of speech and the press nor the right of peaceable assembly is restricted to persons who can and do pay."