Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Supreme Court Strikes Down Limits on Individual Free Speech Contributions
PJ Media ^ | April 2, 2014 | J. Christian Adams

Posted on 04/02/2014 9:51:37 AM PDT by jazusamo

Until this morning, the federal government could limit the amount of money you contribute for political speech. Today in McCutcheon vs. FEC, the Supreme Court invalidated overall contribution limits. The federal government limited individual campaign contributions to $48,000 overall and $123,200 to everything (PACs, candidates, national parties) each cycle.

The Supreme Court struck down the limits, holding that the government’s justification for limiting free speech rights – to keep money out of politics and the avoid the appearance of impropriety – failed.

This decision cuts at the heart of the leftist narrative on free speech attacks. The heart of the narrative on the left (and among a smattering of GOP Senators) is that money in politics is bad and that large financial contributions create the appearance of corruption.

The Court rejected these justifications squarely.

Significant First Amendment interests are implicated here. Contributing money to a candidate is an exercise of an individual’s right to participate in the electoral process through both political expression and political association. A restriction on how many candidates and committees an individual may support is hardly a “modest restraint” on those rights. The Government may no more restrict how many candidates or causes a donor may support than it may tell a newspaper how many candidates it may endorse.

One of the most interesting aspects of the case is the role of lawyer Dan Backer. Backer is the driving force behind the decision. He went out and sought plaintiffs who could help strike down this law. Backer represents an activist breed of conservative lawyer who borrows the tactics of offense from the left and seeks to alter the legal landscape and the future of the nation. He was featured in USA Today last month.

USA Today text deleted due to copyright request, click above.

In a profession dominated by the risk adverse, Backer’s tactic of eternal offense stands out. Today, he gets to bask in the glow of enormous success.

The left is already apoplectic about the decision today and are sending email blasts to conjure up a mob. From a Moveon.org email that just went out:

We can’t vote Supreme Court justices out of office—but we can definitely make sure that they—and the media and politicians watching—know the people’s opinion in this case. That’s why MoveOn members are showing up TODAY with other progressives and allies at more than a 150 Rapid Response Rallies nationwide in reaction to the Supreme Court’s flawed decision.

Can you join in at an event near Washington?



TOPICS: Constitution/Conservatism; News/Current Events; Politics/Elections
KEYWORDS: 3rdthread; backer; contributions; danbacker; firstamendment; politicalspeech; scotus; seebreaking
The left is ticked along with their buddy McCain.

Bold lettering mine.

1 posted on 04/02/2014 9:51:37 AM PDT by jazusamo
[ Post Reply | Private Reply | View Replies]

To: jazusamo

Another 5/4 split. This is why it’s important to take the presidency and the Senate. The make-up of the court has a longer term and more insidious impact on our liberty than the presidency.


2 posted on 04/02/2014 9:55:56 AM PDT by Gen.Blather
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo

Money is a form of free expression especially about politics and government which is what First Amendment free speech is mainly targeting.


3 posted on 04/02/2014 9:57:22 AM PDT by PapaNew
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo

OH-OH, Obamas going to have to scold them again, and right after his big ‘health care’ victory too.

Dems will claim this is why they lose seats in November, ‘The filthy rich and the corps bought the election’


4 posted on 04/02/2014 9:57:42 AM PDT by sickoflibs (Obama : 'You can keep your doctor if you want. I never tell a lie ')
[ Post Reply | Private Reply | To 1 | View Replies]

To: Gen.Blather

Amen...Should 0bama have the opportunity to replace one or more conservative justice it’ll be a disaster.


5 posted on 04/02/2014 9:59:15 AM PDT by jazusamo ([Obama] A Truly Great Phony -- Thomas Sowell http://www.freerepublic.com/focus/news/3058949/posts)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Gen.Blather

i’d’also say term limitation scotus justices - and a removal mechanism for those that are legislating from the bench, bad conduct, etc.

it can’t be lifetime apointments. not for continued heinous unconstitutional justices. to say the court isn’t political is laughable. it’s all about politics. term limits make sense. removal processes make’sense. they are not above it all. kagan and sotomayor prove it, kagan ruling on cases she argued in front of scotus for the administration. not having the honmor to step aside for obvious conflicts of interest and established personal bias.


6 posted on 04/02/2014 10:02:59 AM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: sickoflibs

0bama may wind up blaming it on the attorney in the article, Dan Backer. :)


7 posted on 04/02/2014 10:03:16 AM PDT by jazusamo ([Obama] A Truly Great Phony -- Thomas Sowell http://www.freerepublic.com/focus/news/3058949/posts)
[ Post Reply | Private Reply | To 4 | View Replies]

To: jazusamo

By line: Harry Reid’s head explodes.


8 posted on 04/02/2014 10:03:24 AM PDT by tom paine 2
[ Post Reply | Private Reply | To 5 | View Replies]

To: jazusamo

“The Government may no more restrict how many candidates or causes a donor may support than it may tell a newspaper how many candidates it may endorse.”

Bingo and this one never goes in our direction.


9 posted on 04/02/2014 10:04:35 AM PDT by sappy (criminaldems)
[ Post Reply | Private Reply | To 1 | View Replies]

Please bump the Freepathon or click above and donate or become a monthly donor!

10 posted on 04/02/2014 10:06:09 AM PDT by jazusamo ([Obama] A Truly Great Phony -- Thomas Sowell http://www.freerepublic.com/focus/news/3058949/posts)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo

“That’s why MoveOn members are showing up TODAY with other progressives and allies at more than a 150 Rapid Response Rallies nationwide...”

Because if you can get your lazy, sorry arse up by the crack of noon and wipe off the cheetos dust and hide the bong from your mom in her basement, making it to a RRR is on your list of things to do while the rest of us are at WORK.

HAHAHA, rapid response rally...to do what, stand around in circle and bang on a drum for couple of hours before you get tired and have head on back to mom’s basement. We all remember these burn-outs from high school, not going anywhere, not doing anything, and will never amount to anything. Yeah, go to your circle fest...


11 posted on 04/02/2014 10:08:53 AM PDT by areukiddingme1 (areukiddingme1 is a synonym for a Retired U.S. Navy Chief Petty Officer and tired of liberal BS.))
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo

Good luck with getting a constitutional amendment passed to rewrite the First Amendment.


12 posted on 04/02/2014 10:09:55 AM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
[ Post Reply | Private Reply | To 1 | View Replies]

To: BuckeyeTexan

For the ping list.


13 posted on 04/02/2014 10:13:32 AM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo

Last paragraph in the excerpt is key. MoveOn and other Leftist groups are using this as a live run of their organizing and turnout ability.

They’re trying to present the appearance of a spontaneous and massive groundswell of opposition to this and in favor of them and other Leftist causes.

Conservatives have nowhere near this capability.


14 posted on 04/02/2014 10:13:42 AM PDT by tanknetter
[ Post Reply | Private Reply | To 1 | View Replies]

To: areukiddingme1

Yep, they’ll also be poking holes in the sky with their fingers. lol


15 posted on 04/02/2014 10:13:47 AM PDT by jazusamo ([Obama] A Truly Great Phony -- Thomas Sowell http://www.freerepublic.com/focus/news/3058949/posts)
[ Post Reply | Private Reply | To 11 | View Replies]

To: lonevoice

ping!


16 posted on 04/02/2014 10:22:37 AM PDT by Pride in the USA
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo

Does this decision mean we are living in a Backertopia? Oh wait, we are living in Kochtopia. Sorry, I get my topias confused.


17 posted on 04/02/2014 10:28:09 AM PDT by FlipWilson
[ Post Reply | Private Reply | To 7 | View Replies]

To: jazusamo

Perhaps my understanding of this is incorrect, but doesn’t lifting the limits work against Conservatives as well? Consider all the foreign contributions this administration received from ‘Mickey Mouse identities’ in the West Bank.


18 posted on 04/02/2014 10:42:20 AM PDT by wtd
[ Post Reply | Private Reply | To 1 | View Replies]

To: wtd

Well foreign contributions are illegal but of course that doesn’t stop the Rats from accepting them.


19 posted on 04/02/2014 10:48:59 AM PDT by jazusamo ([Obama] A Truly Great Phony -- Thomas Sowell http://www.freerepublic.com/focus/news/3058949/posts)
[ Post Reply | Private Reply | To 18 | View Replies]

To: Pride in the USA
Thanks for the ping! Anything that makes both moveon.org and Juan McNasty foam at the mouth makes me happy. Sounds like Dan Becker is one to watch.

One of the most interesting aspects of the case is the role of lawyer Dan Backer. Backer is the driving force behind the decision. He went out and sought plaintiffs who could help strike down this law. Backer represents an activist breed of conservative lawyer who borrows the tactics of offense from the left and seeks to alter the legal landscape and the future of the nation. He was featured in USA Today last month.

20 posted on 04/02/2014 12:01:55 PM PDT by lonevoice (We can evade reality, but we cannot evade the consequences of evading reality)
[ Post Reply | Private Reply | To 16 | View Replies]

To: jazusamo

Well, that oughtta throw some cold water on the euphoria that the evil Marxist regime was feeling over their contrived little “victory lap” from yesterday!


21 posted on 04/02/2014 12:19:44 PM PDT by DestroyLiberalism
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo

McCain is very sad!


22 posted on 04/02/2014 1:07:43 PM PDT by fortheDeclaration (Pr 14:34 Righteousness exalteth a nation:but sin is a reproach to any people)
[ Post Reply | Private Reply | To 1 | View Replies]

To: tom paine 2

Liberals Have Accounted for 70% of ‘Dark Money’ Spent in Politics in 2013

Though Democrats have railed against the influence of money in politics after the Supreme Court’s Citizens United ruling, liberals have accounted for 70% of the so-called “dark money” that has been spent this year.

According to Open Secrets, “liberal dark money in 2013 makes up 70 percent of all the dark money spent so far. At this point in 2011, liberal money accounted for less than 6 percent of the dark money spent, and in 2009, the total was a little higher, at 6.5 percent.”

Open Secrets describes “dark money organizations” as “501(c)(4) and 501(c)(6) nonprofits that don’t have to disclose their donors.” Democrats have tried unsuccessfully to pass the DISCLOSE Act, which would “require unions, nonprofits and corporate interest groups that spend $10,000 or more during an election cycle to disclose donors who give $10,000 or more.”

“Spending by liberal 501(c)(4) groups is already more than $1.7 million so far this cycle,” Open Secrets writes. “That’s an increase of nearly 6700 percent over the $25,458 spent by liberal dark money groups at this point in the 2012 cycle.”

http://www.breitbart.com/Big-Government/2013/11/07/Report-Liberals-Have-Accounted-for-70-of-Dark-Money-Spent-in-Politics-in-2013


23 posted on 04/03/2014 5:11:01 AM PDT by TurboZamboni (Marx smelled bad and lived with his parents .)
[ Post Reply | Private Reply | To 8 | View Replies]

To: TurboZamboni

“501(c)(4) and 501(c)(6) nonprofits”
-
Just another reason to replace the income tax with a national sales tax.


24 posted on 04/03/2014 5:50:50 AM PDT by Repeal The 17th (We have met the enemy and he is us.)
[ Post Reply | Private Reply | To 23 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson