To: aristeides
KAREN LECRAFT HENDERSON, Circuit Judge, concurring in the judgment in part and dissenting in part: I believe the statute before us is unconstitutional in virtually all of its particulars; it breaks faith with the fundamental principleunderstood by our nations Founding Generation, inscribed in the First Amendment and repeatedly reaffirmed by the United States Supreme Courtthat debate on public issues should be uninhibited, robust, and wide-open. New York Times Co. v. Sullivan, 376 U.S. 254, 270 (1964). My colleagues per curiam opinion and their other opinions ignore the statutes transparent infirmity and leave standing its most pernicious provisions, apparently on the ground that candidatefocused political speech inevitably corrupts the individuals to whom it refers. Their reasoning and conclusions treat a First Amendment with which I am not familiar.
164 posted on
05/02/2003 1:55:57 PM PDT by
Petronski
(I'm not always cranky.)
To: Petronski
The First Amendment says Congress shall make NO laws. In my opinion the entire statute IS on its face unconstitutional. I'm not sure about the other jurists' reasoning and conclusions either. Its plain as mud they aren't reading the same Constitution the rest of us are.
167 posted on
05/02/2003 1:58:01 PM PDT by
goldstategop
( In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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