MUZZLES OFF (SPEECH COPS LOSE ONE)

NY Post ^ | June 28, 2007 | GEORGE F. WILL

[neverdem]

LET us hope that Su preme Court Justice Stephen Breyer, who is rarely right about First Amendment matters, was right about what he said in April. During oral arguments about a challenge to a use of the McCain-Feingold law to suppress political speech, Breyer, who considers the suppression constitutional, said to the challenger: "If we agree with you in this case, goodbye McCain-Feingold." The challenger was a small group of Wisconsin citizens who, by their grass-roots lobbying for their political views, tried to commit the offense - the crime, actually - of influencing their U.S. senators during what the Federal Election Commission, which acts as the speech police under McCain-Feingold, insisted was that law's blackout period, during which the First Amendment is supposedly repealed.

In 2004, Wisconsin Right to Life was unhappy because Wisconsin Sens. Russ Feingold and Herb Kohl were participating with other Democrats in filibusters to block Senate consideration of some of President Bush's judicial nominees. WRTL wanted to broadcast ads urging the senators' constituents to "contact Senators Feingold and Kohl and tell them to oppose the filibuster."

This is speech by people seeking a redress of grievances. The italicized words are from the First Amendment's enumeration of rights that "Congress shall make no law . . . abridging." Yet four Supreme Court justices - Breyer, Ruth Bader Ginsburg, David Souter and John Paul Stevens - supported the FEC's judgment that McCain-Feingold required banning WRTL's ad.

The "problem," in the FEC's judgment, with WRTL's exhortation to Wisconsin residents was that Feingold was running for re-election in 2004. Because WRTL is incorporated, it fell under McCain-Feingold's ban on any "electioneering communication" - a radio or TV ad that "refers to" a candidate for federal office - within 30 days of a primary or 60 days of a general election...

[neverdem]

Do you believe in term limits for Congress?

Talk radio is now threatened by the resurrection of the Fairness Doctrine. With the near evisceration of McCain - Feingold Campaign Finance Reform Act by the Supreme Court and the failure of the comprehensive "Shamnesty" in the Senate, the neoCOMs will be pushing harder for the Fairness Doctrine. Call talk radio. Use that as an opening to push for a Constitutional Amendment to give Congress term limits.

[WarEagle]

McCain-Feingold's actual purpose is to protect politicians from speech that annoys them. That is why McCain says he regrets WRTL's victory because it will allow groups "to target a federal candidate in the days and weeks before an election."

Well, DUH.

Of course, groups target federal candidates in the days and weeks before an election. It's an election, stupid, not a "stand back and let the incumbent have his way" coronation ceremony.

The more I think about it, the more I think this immigration debacle is God's way of making sure that EVERYBODY knows what McCain is all about.

May He continue to protect and guide us always.