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"The March of Folly" - Congress, SCOTUS, Bush all wrong, but it's law now.
The Wall Street Journal On Line Edition ^ | 11 December 2003 | Op-Ed

Posted on 12/12/2003 1:49:41 PM PST by ImpBill

Edited on 04/22/2004 11:50:39 PM PDT by Jim Robinson. [history]

"Congress shall make no law ... abridging the freedom of speech."

It says a lot about the power of those 10 First Amendment words that it took the Supreme Court 298 pages of legal contortions yesterday to get around them. We'd have all been better off if the Court had simply taken a hint from the Founders and struck down campaign finance reform.


(Excerpt) Read more at online.wsj.com ...


TOPICS: Constitution/Conservatism; Editorial; Government; News/Current Events
KEYWORDS: 1stamendment; bush; cfr; congress; mccainfeingold; scotus
"We can't leave this subject without also mentioning the abdication of President Bush on this issue. Though opposed to the bill, he nonetheless signed it in the hope that the courts would save him from his obligation to honor and defend the Constitution. Now we'll all have to live with the consequences."
1 posted on 12/12/2003 1:49:42 PM PST by ImpBill
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To: ImpBill
...but it's law now

No, it's not law; it is force. No one should dignify this bilge with the word "law".

2 posted on 12/12/2003 1:52:15 PM PST by inquest (The only problem with partisanship is that it leads to bipartisanship)
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To: inquest
I certainly agree with your sentiment and it is brute force written into law. Here is another article:

Free speech protection disappears

By VALLE SIMMS DUTCHER

Valle Simms Dutcher is general counsel for the Southeastern Legal Foundation.

The U.S. Supreme Court on Wednesday undermined one of America's most cherished rights, the right to criticize the government policy and elected officials. Justice Antonin Scalia summed it up when he said, "This is a sad day for freedom of speech."

In its haste to approve congressional authority to regulate political money, the high court gave Congress the power to squelch political debate.

Instead of punishing corrupt politicians, the Bipartisan Campaign Reform Act frustrates the right of the American voter to support political parties and voice opinions in the public forum. The act criminalizes access by voters to their elected officials and prohibits groups from using television and radio.

Issue advocacy ads on radio and television run by public advocacy groups are banned within 60 days of a general election and within 30 days of a primary election -- effectively silencing millions of Americans who would pool their resources to make their collective voices heard.

The act makes it a felony for an environmental group to broadcast an ad exhorting the public to protest a congressman's impending vote to permit logging in national forests. Not an environmentalist? Simply replace "environmental group" with your favorite issue organization, and you will know what the "new silence" means.

The attack on the First Amendment has just begun. U.S. Sens. John McCain (R-Ariz.), Russ Feingold (D-Wis.) and their allies have signaled the intention to implement yet more draconian measures, including the socialization of American politics through mandatory public financing of political campaigns.

Despite the First Amendment mandate that "Congress shall make no law . . . abridging the freedom of speech," the Supreme Court effectively gave Congress the power to move the nation from a free marketplace of political ideas to a regulated political market in which the terms and conditions of debate and the ability to marshal resources to conduct that debate are dictated by incumbent federal officeholders.

Rather than, "What shall I say about this issue or that political candidate," the act forces us to ask, "What am I permitted to say, and when? Whom can I support, and how?" Once the most protected form of speech, political debate has been reduced to a lesser status than virtual child pornography, tobacco advertising and cross-burning -- all validated by U.S. Supreme Court decisions. It is no longer clear exactly what "protected political speech" is, and that can only damage a free, democratic society.

--------------------------------------------------------------------------------

Valle Simms Dutcher is general counsel for the Southeastern Legal Foundation, a plaintiff in the U.S. Supreme Court challenge to the Bipartisan Campaign Reform

3 posted on 12/12/2003 1:59:05 PM PST by ImpBill ("America! ... Where are you now?")
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To: ImpBill
"The first instinct of power is the retention of power, and, under a Constitution that requires periodic elections, that is best achieved by the suppression of election-time speech."

This is the very reason why the Founding Generation proposed and ratified the 1st Amendment. Those that voted for, signed or allowed stand this monstrosity have violated their oaths of office and are, IMHO, traitors to the Republic. Where's a tall tree and a long rope when you need one?

4 posted on 12/12/2003 2:32:54 PM PST by Ancesthntr
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To: ImpBill
Compassionate conservatism feeds another apendage of the "Living Document". The beast will soon be unrecognizable. What happened to those who swore to uphold the Constitution of the United States?
5 posted on 12/12/2003 2:38:57 PM PST by caisson71
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To: All
http://www.freerepublic.com/focus/f-news/1039049/posts
Daily Campaign Finance Reform thread
6 posted on 12/12/2003 3:16:04 PM PST by backhoe (The 1990's? The Decade of Fraud(s)...)
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To: caisson71
Oaths have been meaningless for quite some time now. I think we are past redemption as a republic. Of course the fact we have gotten where we are says much more about us as a people than it says about those we pick to lead us, unfortunately.
7 posted on 12/12/2003 5:08:06 PM PST by ImpBill ("America! ... Where are you now?")
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To: caisson71
Compassionate conservatism feeds another apendage of the "Living Document". The beast will soon be unrecognizable.

I suspect that already it would be unrecognizable to its creators.

8 posted on 12/12/2003 6:11:27 PM PST by Eala (Sacrificing tagline fame for... TRAD ANGLICAN RESOURCE PAGE: http://eala.freeservers.com/anglican)
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To: Ancesthntr
Sounds good but I really think we are beyond that. Other than a few informed conseratives this is a non-issue for most of the sheeple.

9 posted on 12/12/2003 6:21:47 PM PST by ImpBill ("America! ... Where are you now?")
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