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
- A Brief Legal Analysis of the Department of Educations Proposed Compact for Higher Education - | Knight First Amendment Institute - October 17th, 2025 [October 17th, 2025]
- Attorney General Bonta Co-Leads Multistate Coalition in Defense of First Amendment Protections for Noncitizen Students and Faculty - State of... - October 17th, 2025 [October 17th, 2025]
- Brown University Rejects Trumps Offer for Priority Funding, Citing Concerns Over Academic Freedom - First Amendment Watch - October 17th, 2025 [October 17th, 2025]
- Prominent First Amendment lawyer Floyd Abrams to give annual Amanpour lecture Rhody Today - The University of Rhode Island - October 17th, 2025 [October 17th, 2025]
- Do Government Media Policies Like the Pentagons Violate the First Amendment? - Freedom Forum - October 17th, 2025 [October 17th, 2025]
- COLUMN: Jimmy Kimmel cant hide behind the First Amendment | Mike Rosen - Denver Gazette - October 17th, 2025 [October 17th, 2025]
- Journalists Turn in Access Badges, Exit Pentagon Rather Than Agree to New Reporting Rules - First Amendment Watch - October 17th, 2025 [October 17th, 2025]
- 5 days and the First Amendment's future: CSU reinstates free speech policy following weeklong protests - The Rocky Mountain Collegian - October 17th, 2025 [October 17th, 2025]
- Federal Judge Blocks Texas From Enforcing Law Giving the First Amendment a Bedtime by Banning Overnight Protest Encampments - The New York Sun - October 17th, 2025 [October 17th, 2025]
- Fox News rebuke shows Trumps attacks on First Amendment are hitting roadblocks - CNN - October 15th, 2025 [October 15th, 2025]
- Americans agree the First Amendment is important, but many are unsure why, survey says - AL.com - October 15th, 2025 [October 15th, 2025]
- Chiles v. Salazar : a Defining Test for the First Amendment - City Journal - October 15th, 2025 [October 15th, 2025]
- State of the First Amendment Address to focus on algorithms, free expression, AI - University of Kentucky - October 15th, 2025 [October 15th, 2025]
- New York Times, AP, Newsmax Among News Outlets Who Say They Wont Sign New Pentagon Rules - First Amendment Watch - October 15th, 2025 [October 15th, 2025]
- Editors notebook: The First Amendment under threat in Tennessee - Tennessee Lookout - October 15th, 2025 [October 15th, 2025]
- U.S. news organizations reject Pentagon reporting rules, say they undermine First Amendment - The Globe and Mail - October 15th, 2025 [October 15th, 2025]
- Why free speech rights got left out of the Constitution and added in later via the First Amendment - The Fulcrum - October 15th, 2025 [October 15th, 2025]
- California Wants To Punish Social Platforms for Aiding and Abetting the First Amendment - Reason Magazine - October 15th, 2025 [October 15th, 2025]
- Hegseths First Amendment war: The press is correct to walk away from ridiculous Pentagon pledge - New York Daily News - October 15th, 2025 [October 15th, 2025]
- The First Amendment is fading and we are letting it happen - Talon Marks - October 15th, 2025 [October 15th, 2025]
- Friday Oct. 17 12:30pm-1:30pm Zoom event: Trump, the Media, and the First Amendment - Reason Magazine - October 15th, 2025 [October 15th, 2025]
- California wants to make platforms pay for offensive user posts. The First Amendment and Section 230 say otherwise. - FIRE | Foundation for Individual... - October 13th, 2025 [October 13th, 2025]
- 'Retaliation For Protected First Amendment Activity' - NASA Workers Union Sues Trump Over 'Unlawful' Effort To Strip Collective Bargaining Rights -... - October 13th, 2025 [October 13th, 2025]
- We took the freedom of speech away: On First Amendment, Trump says quiet part out loud - MSNBC News - October 11th, 2025 [October 11th, 2025]
- Opinion: Why NPRs dispute with CPB really is about the First Amendment - current.org - October 11th, 2025 [October 11th, 2025]
- Jane Fonda Helps Revive Committee For The First Amendment - Honolulu Civil Beat - October 11th, 2025 [October 11th, 2025]
- Pastor shot in the head by ICE agents sues Trump administration over First Amendment threats in Chicago - the-independent.com - October 11th, 2025 [October 11th, 2025]
- Are KY mans Halloween decorations protected by First Amendment? What experts say - Lexington Herald Leader - October 11th, 2025 [October 11th, 2025]
- National Review : The First Amendment Applies to the Doctors Office, Too - Pacific Legal Foundation - October 11th, 2025 [October 11th, 2025]
- Are College GameDay Signs Protected by the First Amendment? - Freedom Forum - October 11th, 2025 [October 11th, 2025]
- Kirk, Kimmel and the First Amendment | Letter to the editor - Mercer Island Reporter - October 11th, 2025 [October 11th, 2025]
- Jimmy Kimmels First Amendment right to be annoying | Andrew D. Hayes - MassLive - October 11th, 2025 [October 11th, 2025]
- Muslim activists cite First Amendment as defense for vandalizing Texas church with anti-Israel graffiti - Christian Post - October 11th, 2025 [October 11th, 2025]
- When Conversion Therapy Meets the First Amendment: A Landmark Case Before the U.S. Supreme Court - ZENIT - English - October 11th, 2025 [October 11th, 2025]
- Your right to know: What the First Amendment really says about freedom of the press - The Laconia Daily Sun - October 11th, 2025 [October 11th, 2025]
- A Matter of Fact: The gift of the First Amendment - 9News - October 11th, 2025 [October 11th, 2025]
- Rutherford Co. teacher fired for comments about Kirk files First Amendment lawsuit - The Daily News Journal - October 11th, 2025 [October 11th, 2025]
- Why free speech rights got left out of the Constitution and added in later via the First Amendment - The Conversation - October 9th, 2025 [October 9th, 2025]
- Mary Rose Papandrea Installed as Burchfield Professor of First Amendment and Free Speech Law - GW Today - October 9th, 2025 [October 9th, 2025]
- Supreme Court Weighs First Amendment Challenge to Colorados Ban on Conversion Therapy for Minors - Law Commentary - October 9th, 2025 [October 9th, 2025]
- 'We took the freedom of speech away:' Trump on flag burning protection, First Amendment - USA Today - October 9th, 2025 [October 9th, 2025]
- Jane Fonda heads celebrity-organized Committee for the First Amendment - The Tufts Daily - October 9th, 2025 [October 9th, 2025]
- Pastor shot in the head by ICE agents sues Trump administration over First Amendment threats in Chicago - The Independent - October 9th, 2025 [October 9th, 2025]
- CAC Release: Colorado Banned Conversion Therapy Because It Is Harmful. That Conversion Therapy is Accomplished Through Speech Does Not Make Colorados... - October 9th, 2025 [October 9th, 2025]
- Board of Health gets updates in wake of First Amendment audit controversy - Hopkinton Independent - October 9th, 2025 [October 9th, 2025]
- A new lawsuit claims the federal government is infringing on first amendment rights | First Listen - NPR Illinois - October 9th, 2025 [October 9th, 2025]
- Letter to the editor: Beware of abridgement of the First Amendment - The Independent Record - October 9th, 2025 [October 9th, 2025]
- NPPA raises First Amendment concerns over largest drone flight ban ever issued in US - Editor and Publisher - October 9th, 2025 [October 9th, 2025]
- Why free speech rights got left out of the Constitution and added in later via the First Amendment - EL OBRERO | Periodismo Transversal - October 9th, 2025 [October 9th, 2025]
- Cancel culture is undermining the First Amendment and the press is helping | Column - Tampa Bay Times - October 7th, 2025 [October 7th, 2025]
- Charlie Kirks Death Has Created New Debates Around The First Amendment - Religion Unplugged - October 7th, 2025 [October 7th, 2025]
- FBI Cuts Ties With Southern Poverty Law Center, Anti-Defamation League After Conservative Complaints - First Amendment Watch - October 7th, 2025 [October 7th, 2025]
- How Unique is the First Amendment? featuring Floyd Abrams Harrington School of Communication and Media - The University of Rhode Island - October 7th, 2025 [October 7th, 2025]
- Apple and Google Block Apps That Crowdsource ICE Sightings. Some Warn of Chilling Effects - First Amendment Watch - October 7th, 2025 [October 7th, 2025]
- Iconic First Amendment Attorney To Offer Forecast 2026 Keynote - Radio & Television Business Report - October 7th, 2025 [October 7th, 2025]
- Opinion: Local journalism is too important to give up on, and the First Amendment is too important to surrender - Anchorage Daily News - October 7th, 2025 [October 7th, 2025]
- The Trump administration is waging a systematic assault on First Amendment - The Durango Herald - October 7th, 2025 [October 7th, 2025]
- Press, protesters sue Trump administration over First Amendment violations at ICE facility in Broadview - Yahoo - October 7th, 2025 [October 7th, 2025]
- SCOTUS To Consider Whether Conversion Therapy Bans Violate First Amendment - GO Magazine - October 7th, 2025 [October 7th, 2025]
- California educators First Amendment rights face test in wake of Charlie Kirks killing - EdSource - October 4th, 2025 [October 4th, 2025]
- Reagan-Appointed Judge Calls Out Trumps Full-Throated Assault on the First Amendment - Democracy Docket - October 4th, 2025 [October 4th, 2025]
- Federal judge overturns part of Fla. book-ban law, drawing on nearly 100 years of precedent protecting First Amendment access to ideas - Middle... - October 4th, 2025 [October 4th, 2025]
- Senators Blumenthal and Warren on First Amendment and the FCC - C-SPAN - October 4th, 2025 [October 4th, 2025]
- A Word From Legal: Social Media, the First Amendment, and You - Maryland State Education Association - October 4th, 2025 [October 4th, 2025]
- League of Women Voters spotlights First Amendment - Midland Daily News - October 4th, 2025 [October 4th, 2025]
- A grave dancing teacher tests the First Amendment in San Jacinto public schools - Orange County Register - October 4th, 2025 [October 4th, 2025]
- Clemson University being sued, claiming the school violated First Amendment - WLTX - October 4th, 2025 [October 4th, 2025]
- First Amendment invoked in bid to demolish Holy Cross Catholic Church. Here's what historic board decided - IndyStar - October 2nd, 2025 [October 2nd, 2025]
- Is counseling entitled to protection under the First Amendment? - American Psychological Association (APA) - October 2nd, 2025 [October 2nd, 2025]
- Jane Fonda Relaunches Committee for the First Amendment With Support of 550 Celebrities Including Pedro Pascal, Viola Davis and More - Variety - October 2nd, 2025 [October 2nd, 2025]
- US stars back relaunched Committee for the First Amendment - Music Ally - October 2nd, 2025 [October 2nd, 2025]
- Jane Fonda reboots Committee for the First Amendment: Artists must speak out before its too late - The Hill - October 2nd, 2025 [October 2nd, 2025]
- Nearly 80 years after McCarthyism, Jane Fonda relaunches Committee for the First Amendment: The stakes are too high - CNN - October 2nd, 2025 [October 2nd, 2025]
- Full-throated assault on the First Amendment: Judge rips into Trump over attempts to deport pro-Palestinian academics - CNN - October 2nd, 2025 [October 2nd, 2025]
- Your right to know: What the First Amendment really says about freedom of the press - The Montpelier Bridge - October 2nd, 2025 [October 2nd, 2025]
- Rhode Island Latino Arts vs. the Trump administration: Inside a First Amendment court battle - Rhode Island PBS - October 2nd, 2025 [October 2nd, 2025]
- LETTER TO THE EDITOR: School district doesnt believe in First Amendment - Rogue Valley Times - October 2nd, 2025 [October 2nd, 2025]
- Judge Finds the Trump Administration Unconstitutionally Targeted Noncitizens Over Gaza War Protests - First Amendment Watch - October 2nd, 2025 [October 2nd, 2025]
- Jane Fonda Relaunches the Committee for the First Amendment with 550+ Signatories (Including Me) - The Ankler. - October 2nd, 2025 [October 2nd, 2025]
- Jane Fonda Relaunches McCarthy-Era Committee For The First Amendment With Support Of 550 Celebrities Including Barbra Streisand, Pedro Pascal, Ben... - October 2nd, 2025 [October 2nd, 2025]