Extremism in defense of re-election
The point of this "improvement" of James Madison's First Amendment is to reverse the Supreme Court's 2010 Citizens United decision. It left in place the ban on corporate contributions to candidates. It said only that Americans do not forfeit their speech rights when they band together to express themselves on political issues through corporations, which they generally do through nonprofit advocacy corporations.
Shutterstock.com
Enlarge photo
WASHINGTON Since Barry Goldwater, accepting the Republicans' 1964 presidential nomination, said "extremism in the defense of liberty is no vice," Democrats have been decrying Republican "extremism." Actually, although there is abundant foolishness and unseemliness in American politics, real extremism measures or movements that menace the Constitution's architecture of ordered liberty is rare. This week, however, extremism stained the Senate.
Forty-eight members of the Democratic caucus attempted to do something never previously done amend the Bill of Rights. They tried to radically shrink First Amendment protection of political speech. They evidently think extremism in defense of the political class's convenience is no vice.
The First Amendment as the First Congress passed it, and the states ratified it 223 years ago, says: "Congress shall make no law abridging the freedom of speech." The 48 senators understand that this is incompatible by its plain text, and in light of numerous Supreme Court rulings with their desire to empower Congress and state legislatures to determine the permissible quantity, content and timing of political speech. Including, of course, speech by and about members of Congress and their challengers as well as persons seeking the presidency or state offices.
The 48 senators proposing to give legislators speech-regulating powers describe their amendment in anodyne language, as "relating to contributions and expenditures intended to affect elections." But what affects elections is speech, and the vast majority of contributions and expenditures are made to disseminate speech. The Democrats' amendment says: "Congress and the states may regulate and set reasonable limits on the raising and spending of money by candidates and others to influence elections," and may "prohibit" corporations including nonprofit issue advocacy corporations (such as the Sierra Club, NARAL Pro-Choice America and thousands of others across the political spectrum) from spending any money "to influence elections," which is what most of them exist to do.
Because all limits will be set by incumbent legislators, the limits deemed "reasonable" will surely serve incumbents' interests. The lower the limits, the more valuable will be the myriad (and unregulated) advantages of officeholders.
The point of this "improvement" of James Madison's First Amendment is to reverse the Supreme Court's 2010 Citizens United decision. It left in place the ban on corporate contributions to candidates. It said only that Americans do not forfeit their speech rights when they band together to express themselves on political issues through corporations, which they generally do through nonprofit advocacy corporations.
Floyd Abrams, among the First Amendment's most distinguished defenders, notes that the proposed amendment deals only with political money that funds speech. That it would leave political speech less protected than pornography, political protests at funerals, and Nazi parades. That by aiming to equalize the political influence of persons and groups, it would reverse the 1976 Buckley decision joined by such champions of free expression as Justices William Brennan, Thurgood Marshall and Potter Stewart. The one reason President Harry Truman vetoed the 1947 Taft-Hartley Act was that he considered its ban on corporations and unions making independent expenditures to affect federal elections a "dangerous intrusion on free speech." And that no Fortune 100 corporation "appears to have contributed even a cent to any of the 10 highest-grossing super PACs in either the 2010, 2012 or 2014 election cycles."
View post:
Extremism in defense of re-election
- Ilya Shapiro is back . . . with a new book First Amendment News 458 - Foundation for Individual Rights and Expression - February 20th, 2025 [February 20th, 2025]
- People exercising their First Amendment rights aren't 'wreckers' | Letters - South Bend Tribune - February 20th, 2025 [February 20th, 2025]
- Trump bans AP and words he doesn't like. 'Free speech' was never about First Amendment. | Opinion - USA TODAY - February 20th, 2025 [February 20th, 2025]
- Silenced: The Joby Weeks Case and the Erosion of First Amendment Rights - NewsBreak - February 20th, 2025 [February 20th, 2025]
- White House barring AP from press events violates the First Amendment - Foundation for Individual Rights and Expression - February 16th, 2025 [February 16th, 2025]
- A New Hampshire town and a bakery owner are headed for trial in a First Amendment dispute - The Associated Press - February 16th, 2025 [February 16th, 2025]
- New Hampshire town and bakery take their 'First Amendment' legal battle over colossal pastry mural to trial - New York Post - February 16th, 2025 [February 16th, 2025]
- A.P. Accuses White House of Violating First Amendment - The New York Times - February 16th, 2025 [February 16th, 2025]
- First Amendment law legend: Fight back - Freedom of the Press Foundation - February 16th, 2025 [February 16th, 2025]
- First Amendment in Trump's second term: 'We're going to be busy,' free speech group says - Tallahassee Democrat - February 16th, 2025 [February 16th, 2025]
- Expression Over Radio Waves Is Not Exempt from the First Amendment - The Federalist Society - February 16th, 2025 [February 16th, 2025]
- Iowa lawmakers try again to pass anti-SLAPP bill expediting First Amendment cases - Iowa Capital Dispatch - February 16th, 2025 [February 16th, 2025]
- Three Senators Blast FCC for 'Weaponizing its Authority,' Cite First Amendment Concerns - Adweek - February 16th, 2025 [February 16th, 2025]
- The AP says Trump blocking its reporter from Oval Office over not using Gulf of America "violates the First Amendment" - CBS News - February 16th, 2025 [February 16th, 2025]
- Wave of state-level AI bills raise First Amendment problems - Foundation for Individual Rights and Expression - February 16th, 2025 [February 16th, 2025]
- Legendary First Amendment lawyer begs press to fight Trumps attacks - Freedom of the Press Foundation - February 16th, 2025 [February 16th, 2025]
- Timothy Zicks Executive Watch: Introduction First Amendment News 457 - Foundation for Individual Rights and Expression - February 16th, 2025 [February 16th, 2025]
- Trump accused of violating First Amendment after AP reporter barred from event over Gulf of America renaming - The Independent - February 16th, 2025 [February 16th, 2025]
- Editorial: Trump goes to war on the First Amendment - Detroit News - February 16th, 2025 [February 16th, 2025]
- Voices are meant to be heard: the First Amendment and you - Northern Iowan - February 16th, 2025 [February 16th, 2025]
- CBS News Lesley Stahl to be honored at First Amendment Awards - Editor And Publisher Magazine - February 16th, 2025 [February 16th, 2025]
- The AP says Trump blocking its reporter from Oval Office over not using Gulf of America violates the First Amendment - KWTX - February 16th, 2025 [February 16th, 2025]
- Trump takes another dump on the First Amendment - Daily Kos - February 16th, 2025 [February 16th, 2025]
- Spreading the news and defending the First Amendment since August 1787 - Lexington Herald Leader - February 16th, 2025 [February 16th, 2025]
- Publishing Pro-Hamas Propaganda Is Protected by First Amendment - Reason - February 7th, 2025 [February 7th, 2025]
- "Title VI Must Be Applied Consistent with First Amendment Principles" - Reason - February 7th, 2025 [February 7th, 2025]
- Coming soon: Executive Watch Tracking the Trump Administrations free speech record First Amendment News 456 - Foundation for Individual Rights and... - February 7th, 2025 [February 7th, 2025]
- Q&A: Professor emphasizes the impact the TikTok ban could have on the First Amendment - Elon News Network - February 7th, 2025 [February 7th, 2025]
- First Amendment Audit of ELPD Draws Widespread Attention Online - East Lansing Info - February 7th, 2025 [February 7th, 2025]
- Groups demand U.S. attorney for D.C. respect First Amendment - Freedom of the Press Foundation - February 7th, 2025 [February 7th, 2025]
- Maryland age assurance lawsuit shows NetChoice digging in on First Amendment - Biometric Update - February 7th, 2025 [February 7th, 2025]
- What does the first amendment protect during public comment? - Spectrum News 1 - February 7th, 2025 [February 7th, 2025]
- FOX News Trey Yingst to be honored at First Amendment Awards - Editor And Publisher Magazine - February 7th, 2025 [February 7th, 2025]
- NetChoice sues to block Marylands Kids Code, saying it violates the First Amendment - The Verge - February 7th, 2025 [February 7th, 2025]
- Stevens: Oklahoma tests First Amendment in move to fund Catholic charter school - The Post and Courier - February 7th, 2025 [February 7th, 2025]
- OPINION: Keeping the First Amendment on Facebook - Lebanon Reporter - February 7th, 2025 [February 7th, 2025]
- RFK Jr. wants to ban pharma ads on TV. The First Amendment may have something to say. - MSNBC - February 1st, 2025 [February 1st, 2025]
- Standing Up for the First Amendment: The Roundtable Submits Comment Letter Opposing Amicus Brief Disclosure Requirements - Philanthropy Roundtable - February 1st, 2025 [February 1st, 2025]
- Trial begins in First Amendment suit against St. John the Baptist Parish - The Lens NOLA - February 1st, 2025 [February 1st, 2025]
- RCFP reviews Pam Bondis record on newsgathering, First Amendment issues - Reporters Committee for Freedom of the Press - February 1st, 2025 [February 1st, 2025]
- Texas county challenges First Amendment ruling on library book bans in 5th Circuit hearing - Yahoo! Voices - February 1st, 2025 [February 1st, 2025]
- Trump "Global Gag Rule" as to Abortion Likely Doesn't Violate the First Amendment - Reason - February 1st, 2025 [February 1st, 2025]
- It was a violation of our First Amendment rights: FIU students react to the TikTok ban - PantherNOW - February 1st, 2025 [February 1st, 2025]
- CWRU First Amendment clinic receives crucial grant from the Stanton Foundation - Crain's Cleveland Business - February 1st, 2025 [February 1st, 2025]
- Matt Gaetz says the First Amendment was "harmed gravely" by January 6 prosecutions - Media Matters for America - January 26th, 2025 [January 26th, 2025]
- New FCC Chair Revives Complaints About ABC, CBS And NBC Content That His Predecessor Rejected As "At Odds With The First Amendment" -... - January 26th, 2025 [January 26th, 2025]
- Trumps stated promise: Stop all government censorship and his free speech Executive Order First Amendment News 454 - Foundation for Individual Rights... - January 26th, 2025 [January 26th, 2025]
- We Must Protect The First Amendment At All Costs vs. No Thanks, Ill Just Take My Freedoms For Granted Until They Disappear - The Onion - January 26th, 2025 [January 26th, 2025]
- TikTok and the First Amendment Robert G. Natelson - Law & Liberty - January 26th, 2025 [January 26th, 2025]
- De Pere man sued city of Green Bay for violating his First Amendment rights. The city settled. - Green Bay Press Gazette - January 26th, 2025 [January 26th, 2025]
- UChicago Student Sues University, Alleging First Amendment and Tenant Rights Violations - The Chicago Maroon - January 26th, 2025 [January 26th, 2025]
- Dr. Rand Paul Introduces Free Speech Protection Act to Safeguard Americans First Amendment Rights Against Government Censorship - Senator Rand Paul - January 26th, 2025 [January 26th, 2025]
- Capistrano School District Accused of Trampling First Amendment Rights of Student - California Globe - January 26th, 2025 [January 26th, 2025]
- Jerry Zahorchak | Keeping the First Amendment on Facebook | Columns | tribdem.com - TribDem.com - January 26th, 2025 [January 26th, 2025]
- 2 blockbuster cases about the First Amendment and online speech - The Hill - January 26th, 2025 [January 26th, 2025]
- The First Amendment is First for a Reason - The Wilson Quarterly - January 26th, 2025 [January 26th, 2025]
- Takeaways from the Supreme Courts TikTok decision and what it may mean for the First Amendment - CNN - January 19th, 2025 [January 19th, 2025]
- Oral Argument in TikTok v. Garland: Does the First Amendment Apply, and How? - The Federalist Society - January 19th, 2025 [January 19th, 2025]
- TikTok, HamHom, and the First Amendment - Reason - January 19th, 2025 [January 19th, 2025]
- Supreme Court weighs First Amendment rights and porn in Texas case - NPR - January 19th, 2025 [January 19th, 2025]
- "Strong stand for the First Amendment": TikTok announces U.S. return after Trump promise to stay ban - Salon - January 19th, 2025 [January 19th, 2025]
- FCCs Rosenworcel Takes Parting Swipe at Incoming Trump Administration Over First Amendment - TV Technology - January 19th, 2025 [January 19th, 2025]
- Upholding TikTok ban, Supreme Court attacks First Amendment ahead of Trump inauguration - WSWS - January 19th, 2025 [January 19th, 2025]
- Rand Paul Reacts to TikTok Ruling: 'Violation of the First Amendment' - Newsweek - January 19th, 2025 [January 19th, 2025]
- Supreme Court Denies TikTok First Amendment Pass, Effectively Shuttering the Social Media Platform in the U.S. on Jan. 19 Unless Sold to Third Party -... - January 19th, 2025 [January 19th, 2025]
- "Satan loves the First Amendment" banner lawsuit allowed to proceed against Broward schools - CBS News - January 6th, 2025 [January 6th, 2025]
- Claim Against School Board That Refused to Display "Satan Loves the First Amendment" Banner Can Go Forward - Reason - January 6th, 2025 [January 6th, 2025]
- First Amendment gives way to national security: Countdown on for TikTok - Virginia Mercury - January 6th, 2025 [January 6th, 2025]
- Settlement puts Disneys business interests above First Amendment - Freedom of the Press Foundation - January 6th, 2025 [January 6th, 2025]
- Federal Judge Temporarily Blocks Protect Tennessee Minors Act Over First Amendment Concerns - SValleyNow.com | Local News for Marion County and the... - January 6th, 2025 [January 6th, 2025]
- Sullivan and the Central Meaning of the First Amendment Lee Levine & Matthew Schafer - Law & Liberty - January 1st, 2025 [January 1st, 2025]
- Tennessee age verification law blocked from taking effect due to First Amendment concerns - WZTV - January 1st, 2025 [January 1st, 2025]
- FIRE to SCOTUS: TikTok ban violates Americans' First Amendment rights - Foundation for Individual Rights and Expression - January 1st, 2025 [January 1st, 2025]
- Ald. Jim Gardiner Agrees to Pay $157K to Settle Lawsuit Claiming He Violated First Amendment by Blocking Critics From Official Facebook Page - WTTW... - January 1st, 2025 [January 1st, 2025]
- First Amendment the first casualty in Oklahoma school chiefs weird war on woke | Opinion - Wichita Eagle - January 1st, 2025 [January 1st, 2025]
- Donald Trump Asks Supreme Court to Delay TikTok Ban Over First Amendment Concerns - TheWrap - January 1st, 2025 [January 1st, 2025]
- How Washington State Stifles the First Amendment for the Incarcerated - Solitary Watch - December 22nd, 2024 [December 22nd, 2024]
- Opinion | Theres Still Time for the Senate to Support the First Amendment - The New York Times - December 22nd, 2024 [December 22nd, 2024]
- First Amendment Censorship Claims Against Stanford Internet Observatory Can Go Forward to Discovery as to Jurisdiction and Standing - Reason - December 22nd, 2024 [December 22nd, 2024]
- S. Ct. Will Hear First Amendment Challenge to TikTok Divestment on Jan. 10 - Reason - December 22nd, 2024 [December 22nd, 2024]