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Limits on cash stifle free speech (ACLUer Gets it Right)
St. Petersburg Times ^ | 5/28/2006 | Robyn E. Blumner

Posted on 05/28/2006 12:58:07 PM PDT by Celtjew Libertarian

Why don’t liberals understand the freedom-crushing nature of campaign finance reform?

How come it is easy for liberals to see the First Amendment interest in other overheated free speech issues, such as reporting on the classified operations of the National Security Agency or displaying Robert Mapplethorpe nudes, but when it comes to political discourse during an election season, they’re all for government restraints?

This is the same question that famed First Amendment lawyer Floyd Abrams raises in his autobiographical book Speaking Freely: Trials of the First Amendment. In one chapter, Abrams recounts a speech he gave to a Unitarian church congregation in New York City in 2000. The audience was very friendly toward his discussion of the Pentagon Papers case and the Brooklyn Museum case in which Abrams defended the museum after then-New York Mayor Rudolph Giuliani sought to cut its funding. The mayor had been deeply offended by a Nigerian artist’s use of elephant dung in a painting of the Virgin Mary that the museum exhibited.

But when Abrams said that the McCain-Feingold campaign finance reform measure would likely put unconstitutional limits on political activity and promote censorship of political speech, his audience audibly objected.

Abrams and I are in the same tiny club. We believe in freedom for flag burners, Mapplethorpe and the Republican Party and Swift Boat Veterans for Truth. We lose most of our liberal allies halfway through the list.

Click to continue reading.

(Excerpt) Read more at sptimes.com ...


TOPICS: Editorial; Government; Politics/Elections
KEYWORDS: 1stamendment; bookreview; cfr; floydabrams; freespeech; speakingfreely
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1 posted on 05/28/2006 12:58:09 PM PDT by Celtjew Libertarian
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To: traviskicks

ping


2 posted on 05/28/2006 1:03:02 PM PDT by freepatriot32 (Holding you head high & voting Libertarian is better then holding your nose and voting republican)
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To: Celtjew Libertarian

Nothing will change in this country until ALL campaign financing is outlawed...

The proper of use of gov't. in campaigns, IMHO, would be to provide free access to television broadcast for ALL those running for office, effecting eliminating ALL need for campaign contributions and creating a level playing field.

Take away the money and you'll eliminate the corruption and ensure people seek office to serve their country rather than get rich & powerful...


3 posted on 05/28/2006 1:03:28 PM PDT by Veracious Poet (Cash cows are sacred in America...GOT MILKED???)
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To: Celtjew Libertarian

Excellent article. Thanks for posting it.


4 posted on 05/28/2006 1:04:39 PM PDT by hsalaw
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To: Veracious Poet
The money cannot be eliminated. The more the government tries, the more new ways will be developed to channel it.

Far better would be to lift all restrictions on money, but demand complete transparency: No anonymous donations and donor lists published and part of the public record.

5 posted on 05/28/2006 1:08:22 PM PDT by Celtjew Libertarian (Give a choice of things to believe in, I tend to choose the most interesting.)
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To: Celtjew Libertarian

While I do have some sympathy for your point of view, I've got to say that I don't like the idea of influence going to the highest bidder. If there are no limits, that's exactly what you wind up with.


6 posted on 05/28/2006 1:11:53 PM PDT by DoughtyOne (Hey Senators, what have you done with those Conservatives we sent to Congress? (CyberAnt Inspired))
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To: Veracious Poet
Nothing will change in this country until ALL campaign financing is outlawed...

Doing that would change things all right. It would put the liberal media in 100% control of the government. While that would certainly be a change, I can't see any reason to regard it as a good one.

7 posted on 05/28/2006 1:12:55 PM PDT by supercat (Sony delenda est.)
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To: Celtjew Libertarian
BTW, I've suggested something like this script (for a WI Senate campaign ad) before but not gotten much response. Anyone like it?
Person #1: Hey, that gold sure is fine.

Person #2: Yup. That sure is some [GONG!]

#1: What was that?

#2: That's the McCain-[GONG!] alert. It ensures compliance with the McCain-[GONG!] rules that forbid us from talking about politicians or candidates seeking election, like Senator [GONG!].

#1: Huh?

#2: Well, Senator [GONG!] realized that if people knew what politicians were up to, they might not re-elect them. So he helped write the McCain-[GONG!] Act to help politicians keep people in the dark.

#1: But doesn't that contradict the First Amendment?

#2: Yeah, but [GONG!] doesn't care. He'd rather be re-elected than respect the Constitution he swore to uphold.

#1: That's pretty crummy. When does he face election?

#2: On November (?). I hope you'll join me in voting against him. #1: Sure will. Oh, and as I said, that gold sure is fine.

Perhaps a bit too long, but I think it gets the point across.
8 posted on 05/28/2006 1:19:36 PM PDT by supercat (Sony delenda est.)
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To: Celtjew Libertarian
Here's the "money quote" from the article:
Maybe I’m not articulate enough or motivated enough to run for public office. Instead I send money to the candidate who will best express my point of view. I am underwriting and supporting a surrogate for my own political speech — just as people do when they send money to groups like the Sierra Club. Any government limit placed on my ability to fund a candidate’s communications is an infringement on my First Amendment freedom.

9 posted on 05/28/2006 1:52:54 PM PDT by sourcery (A libertarian is a conservative who has been mugged ...by his own government)
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To: DoughtyOne
don't like the idea of influence going to the highest bidder. If there are no limits, that's exactly what you wind up with.<<<

Only if u vote for the highest bidder!!! ;^)
10 posted on 05/28/2006 1:56:40 PM PDT by M-cubed (Why is "Greshams Law" a law?)
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To: Celtjew Libertarian

Shocker this AM///Wasn't it? Resident Atheist/Socialist Robyn Blumner "sees the light" finally..on something...


11 posted on 05/28/2006 1:59:36 PM PDT by litehaus
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To: supercat

McCain/Feingold....McCain/Kennedy.....McCain--OUT the Door!


12 posted on 05/28/2006 2:01:43 PM PDT by litehaus
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To: freepatriot32; Abram; albertp; AlexandriaDuke; Allosaurs_r_us; Americanwolf; ...
Libertarian ping! To be added or removed from my ping list freepmail me or post a message here.
13 posted on 05/28/2006 2:29:39 PM PDT by traviskicks (http://www.neoperspectives.com/gasoline_and_government.htm)
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To: Celtjew Libertarian
Herr McCain, Ubersenateor disagrees.
14 posted on 05/28/2006 2:47:46 PM PDT by Leisler (Not all Muslims are terrorists, but all terrorists are Muslim.)
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To: Veracious Poet
When you take the money out of politics, you take away democracy. Please read the editorial from Townhall.

Politics without money By Paul Jacob May 28, 2006

If everybody says it, it must be true, right?

Money in politics is bad. Capital-B, Capital-A, Capital-D, BAD!

The judgment can be stated above the level of a high-school cheer, of course. Here's Common Cause's summary:

The dominating influence of wealthy special interests in the funding of campaigns has eroded public trust in our political system and discouraged political participation. In a system that gives undue access to lawmakers and influence on legislation to those who contribute large amounts to campaigns, most citizens believe their voice is not being heard. Why, to begin with, is there money in politics?

Two reasons: we have something like a democracy, and our government meddles in nearly everything.

So what to do?

We could just limit the purview of government, and the money issue would peter out — after all, "paying Paul" would no longer be policy. If we brought back constitutional limits, and added some new ones, then there'd be scant incentive to invest in politicians to . . . do things they really shouldn't be doing anyway.

But a lot of people want anything but the Constitution, so that idea gets nixed. Politicians like the power that comes from spending gobs of other people's money, and many interest groups as well as citizens welcome being bought.

That's why politicians tend to prefer their own solution: socialized elections.

They refer to it as "publicly funded elections," though it would be more accurate to use such phrases as "government-funded" or "taxpayer-funded." They call it "clean money," as if taking money from taxpayers and doling it out to certain politicians is next to godliness. But whatever you call it, the idea is clear: make everybody pay for the campaigns of certain approved candidates. All for one, one for all — except that in practice it means, "all for a few, a few for themselves."

It could work, sorta. Socialism can't run a whole consumer-oriented economy (can you say "stagnation"? can you mind your queues?), but socialism can run certain things, like a singular government enterprise. Making everybody pay for one project, and having that project run according to strict rules, or the agreed goals of a few people . . . hey, it might work. Armies run along non-market lines. Why can't we run an election like we run an army?

Well, even politicians have a common interest in winning wars, as do all citizens. As for winning elections, there are a myriad of fiercely competing interests. Because some in the public understand this dynamic, politicians will no doubt argue that money would have to be even more tightly controlled. Some bureau, or agency, or both (or a dozen) would have to set up finding for each election, and the only money that could be spent on that election would be the money disbursed by the government with regulations predetermined by incumbent politicians.

Simple

And here's an even simpler system: If you really want to take money out of politics, just stop holding elections. Period. If there were no elections, there'd be no money in politics, other than the paying of representatives. Each current representative could appoint his or her successor, and you could regulate the politicians' financial concerns all you (or they) like . . . and that way money would no longer be a problem.

You see, the easiest way to take money out of politics is to take democracy out of politics.

In a democracy, people need ways to influence other people, and spending money advertising each case is one of those ways. It's integral. If "money and politics" were your only concern, then taking the democracy out of the representational system would work just dandy.

And after all, it's not as if the regulatory/redistributionist state (the "welfare state") requires democracy. It's a very old idea. You could say it was invented, in ancient times, by the Roman Empire, with its bread and circuses. A socialized retirement system was invented, in modern times, by Otto von Bismarck. It's easier to direct without hordes of interests "having a lawful say."

So, if you really want "money out of politics," you have two choices: Take politics out of money, by limiting government power to meddle in every aspect of society; or take democracy out of government.

Do you detect a reductio ad absurdum? Maybe. But this solution is merely a more honest option than the politicians' preferred plan.

After all, socialized elections are undemocratic, too, undemocratic in a very practical sense. They would be so regulated as to channel dissent. It would be even harder for upstarts and challengers truly to challenge incumbents. Every step since Watergate to regulate elections has increased the power of incumbency. We have a startlingly high incumbency success rate now. That would likely increase in socialized elections. Socialized elections amount to a mere halfway measure to getting democracy out of politics.

Which is perhaps why the "old timers" in politics are now coming out for it. It would so play into their hands.

It would lead to democracy precisely as they like it: democracy without citizen control, democracy in name only. Copyright © 2006 Paul Jacob

15 posted on 05/28/2006 2:55:21 PM PDT by oldtimer2 (Every morning I wake up and thank God that I was not born as Chuck Shumer)
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To: Celtjew Libertarian
The number of liberals who believe in freedom of speech are very small. Most of them to be honest, believe in complete government control of our lives. They are not really liberals; they're socialists.

(Denny Crane: "Every one should carry a gun strapped to their waist. We need more - not less guns.")

16 posted on 05/28/2006 3:49:43 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: supercat
Doing that would change things all right. It would put the liberal media in 100% control of the government.

So sorry, did you see something in what I said that wasn't there?

I MOST DEFINATELY would not suggest ANY media anywhere within 100 miles of legally controlled "free access to television broadcast", sorry you didn't understand that...

17 posted on 05/28/2006 6:26:22 PM PDT by Veracious Poet (Cash cows are sacred in America...GOT MILKED???)
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To: DoughtyOne
While I do have some sympathy for your point of view, I've got to say that I don't like the idea of influence going to the highest bidder. If there are no limits, that's exactly what you wind up with.

+1

Funny how people can't see this simple truth...

18 posted on 05/28/2006 6:27:44 PM PDT by Veracious Poet (Cash cows are sacred in America...GOT MILKED???)
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To: oldtimer2
When you take the money out of politics, you take away democracy.

So sorry, but I think given the past 100 years or so of US History has proven that BIG $$$ propaganda absolutely false - Gov't. by the BIGGEST bidder grants democracy only to those that can afford it.

We've ended-up with political gold-diggers that could care less about "serving" the bulk of the USA's interest and well-being...

19 posted on 05/28/2006 6:32:47 PM PDT by Veracious Poet (Cash cows are sacred in America...GOT MILKED???)
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To: Veracious Poet
I MOST DEFINATELY would not suggest ANY media anywhere within 100 miles of legally controlled "free access to television broadcast", sorry you didn't understand that...

Would you do away with the news media entirely?

If two candidates have "equal time", but one gets the bonus of having news media support in addition to their "official" time, that support will be a major bonus.

Further, you need to consider that a lot of important political material comes from people other than candidates. Where would Swift Boat Vets for Truth fit in your scheme of things?

20 posted on 05/28/2006 7:27:53 PM PDT by supercat (Sony delenda est.)
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