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Prominent lawyer discusses free speech and politics-C F R Thread - Day 88
The Louisville Cardinal ^
| 3/9/04
| KIMBERLY POWERS
Posted on 03/09/2004 6:49:24 AM PST by Valin
At a time when free speech issues are rife at the University of Louisville, a preeminent attorney specializing in First Amendment rights recently spoke on campus. On March 1, Floyd Abrams discussed some of the largest cases he has worked on as an attorney.
Best known as co-counsel in the Pentagon Papers case, Abrams primarily discussed his latest role working with Sen. Mitch McConnell, R-Ky., prosecuting the McCain-Feingold bill that intends to reform campaign finance. According to Abrams, the bill disallows any group from running television advertisements that refer to political candidates within 60 days of an election, 30 days of a convention or 30 days of a primary.
This law applies not only to political parties and corporations but also to non-profit organizations such as the Sierra Club and the American Civil Liberties Union.
Previously, many attorneys have attempted to undermine campaign finance reform proposals by equating the action of providing campaign money to speech. Abrams and attorney Ken Starr instead focused on the limitation of free speech imposed by the television advertisement restrictions.
Political parties have first amendment rights, too, Abrams stated. This is a major limitation on free speech.
According to Abrams, the Federal Election Commission has not allowed political and corporate groups or individuals to run advertisements directly endorsing candidates. While Abrams concedes that many advertisements strongly imply endorsement on behalf of the paying group or individual, he also stressed how other advertisements serve to educate the public about pertinent, election-time issues.
Even if the latter comprises only 10 to 15 percent of the total number of advertisements, Abrams believes that all forms of political advertisements should be allowed. What sense does it make that you cant say vote for John Edwards but you can say John Edwards did a good job on the Panama Canal? Its a tough question to answer, Abrams said.
The Supreme Court decided 5-4 that the provisions against television advertisements would remain in the McCain-Feingold bill.
Abrams cited the dissenting opinion issued by Justice Anthony Kennedy to best reflect his own opinion that the Supreme Courts ruling on the McCain-Feingold bill has diminished the First Amendment.
Never before has a court of law upheld a bill that limits the freedom of speech to this extent, Kennedy wrote.
TOPICS: Constitution/Conservatism; Government; Politics/Elections
KEYWORDS: campaignfinance; cfr; cfrdailythread; firstamendment; mccainfeingold; mcconnel; mitchmcconnell; shaysmeehan
1
posted on
03/09/2004 6:49:26 AM PST
by
Valin
To: RiflemanSharpe; Lazamataz; proud American in Canada; Congressman Billybob; backhoe; jmc813; ...
Yesterdays Thread
Buy the Numbers
Mother Jones 3/3/04
http://www.freerepublic.com/focus/news/1093081/posts?page=1 If you want on/off this Campaign Finance Reform list please let me know.
If you are interested in posting some of these threads please let me know.
Fame Fortune could be yours.
Be the first on your block!
Builds strong bodies 12 ways.
Mom would want you too.
John McCain doesn't.
2
posted on
03/09/2004 6:52:39 AM PST
by
Valin
(Hating people is like burning down your house to kill a rat)
To: DustyMoment; Smile-n-Win; 4ConservativeJustices; Eastbound; Rensselaer; The_Eaglet; ...
Hugh & Series, Critical & Pulled by JimRob
Special to FreeRepublic | 17 December 2003 | John Armor (Congressman Billybob)
This is nothing like the usual whine by someone whose post was pulled. JimRob pulled my previous thread for a good reason. "If direct fund-raising were permitted on FR, it would soon be wall-to-wall fund-raising."
So, let's start again correctly. This is about civil disobedience to support the First Amendment and challenge the TERRIBLE CFR decision of the Supreme Court to uphold a terrible law passed by Congress and signed by President Bush.
All who are interested in an in-your-face challenge to the 30- and 60-day ad ban in the Campaign Finance "Reform" Act, please join in. The pattern is this: I'm looking for at least 1,000 people to help the effort. I will run the ad, and risk fines or jail time to make it work -- AND get national support.
But there should be NO mentions of money in this thread, and not in Freepmail either. This is JimRob's electronic home, and we should all abide his concerns.
Put your comments here. Click on the link above, and send me your e-mail addresses. I will get back to you by regular e-mail with the practical details.
This CAN be done. This SHOULD be done. But it MUST be done in accord with JimRob's guidelines.
Fair enough?
http://www.freerepublic.com/focus/f-news/1042394/posts Update
I've already tested the idea of my in-your-face challenge ads, first in the print media and then deliberately illegal on TV, with certain editors I have a long relationship with. I could trust these two gentlemen, one in the print media and the other in the broadcast media, with a "heads up" on what I am planning. Both said they wanted to know, in advance, when I am about to do this.
The bottom line is clear. If I am willing to put my neck on the line, with the possibilities of a fine and jail time, THAT effort will put CFR back on the front page in all media. And that is part of the point. There's not much value of going in-your-face against the enemies of the First Amendment unless the press takes up the story and spreads the word. It is now clear they will do exactly that.
Update 2
QUICK PROGRESS REPORT, ANSWERING A SUPPORTER'S QUESTION:
We have about 15% of the needed 1,000 sign-ups.
Spread the word, direct folks to the front page link on my website.
Google-bomb the phrase "anti-CFR" directing readers to that page and link. (We're already #2 and #4 on Google.)
Target date is now August, since the NC primary looks to be put back to September. (Remember, the ad isn't illegal until the 29th day before the election.)
Cordially,
John / Billybob
Note if you are interested in more on this please contact Valin or Congressman Billybob
3
posted on
03/09/2004 6:53:44 AM PST
by
Valin
(Hating people is like burning down your house to kill a rat)
To: Valin
"What sense does it make that you cant say vote for John Edwards but you can say John Edwards did a good job on the Panama Canal?" I suspect in time you will not be able to use editorial content. The above quote will probably have to be written something like this in a couple of years:
'An unidentified presidential candidate was involved on an inter-oceanic waterway somewhere south of North America and somewhere north of South America.'
4
posted on
03/09/2004 7:07:54 AM PST
by
Eastbound
To: Valin; AnnaZ; Jeff Head; Eastbound; sheltonmac; Ricardo4CP; carenot; exodus; Keyesertarian; ...
Never before has a court of law upheld a bill that limits the freedom of speech to this extent, Kennedy wrote. WTMBTTT
I pray that Senator McConnell will be able to sponsor H.R. 3801 once it passes the House. Meanwhile, we need to make sure that it passes the House.
5
posted on
03/09/2004 10:08:03 AM PST
by
The_Eaglet
(Conservative chat on IRC: http://searchirc.com/search.php?F=exact&T=chan&N=33&I=conservative)
To: The_Eaglet
McCain's Monstrosity must be overturned by act of Congress. Hopefully if it is enforced enough to become painful to Democrats they will see the truth, just like with the Independent Counsel Act.
6
posted on
03/09/2004 3:14:30 PM PST
by
GulliverSwift
(Keep the <a href="http://www.johnkerry.com/">gigolo</a> out of the White House!)
To: GulliverSwift
Hopefully if it is enforced enough to become painful to Democrats they will see the truth
Actually I think we are starting to see this happen. Particularly since the FEC is coming down on the 527s.
7
posted on
03/09/2004 8:30:35 PM PST
by
Valin
(Hating people is like burning down your house to kill a rat)
To: Valin; GulliverSwift
Actually I think we are starting to see this happen. Particularly since the FEC is coming down on the 527s. I agree. Hopefully we won't have to wait for FEC to comply with this usurpation of the First Amendment by banning advertising prior to the elections.
Congress needs to repeal this before it takes effect.
8
posted on
03/10/2004 4:23:01 AM PST
by
The_Eaglet
(Conservative chat on IRC: http://searchirc.com/search.php?F=exact&T=chan&N=33&I=conservative)
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