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GUTTING THE FIRST AMENDMENT
The American Prowler ^ | 7.17.14 | Steve Simpson

Posted on 07/17/2014 3:37:07 PM PDT by nickcarraway

Beware of liberals claiming to defend ‘the public.’

Supporters of campaign finance laws have been apoplectic since the Supreme Court struck down a ban on corporate political ads in Citizens United. Having lost another big case this year in McCutcheon v. FEC, they now want to write their views directly into the Constitution.

Last week, the Senate Judiciary Committee approved a resolution calling for a constitutional amendment that would let government limit contributions to candidates and spending by and on behalf of them. The House will take up a similar proposal soon. To see where this amendment would lead if enacted, consider that the law in Citizens United prevented a group from distributing a film that criticized Hillary Clinton during her last presidential bid. During arguments in the case, the government’s lawyer admitted that the law could apply to books as well.

At the core of this effort is the very dangerous view that freedom of speech isn’t an inalienable individual right—a right to say what you want regardless of what others think—but a privilege that we exercise at the sufferance of “the public.”

This is the prevailing view among many intellectuals and politicians today. Justice Breyer expressed it in dissent in McCutcheon joined by his three colleagues on the left. In his view, the First Amendment protects the “public’s interest” in having its “collective speech matter.” Sen. Patrick Leahy, D-VT, echoed this view when he complained in advance of a hearing on the proposed amendment that the Court is ignoring “the voices of all Americans” in order to “amplify the voices of billionaires and corporations.”.

(Excerpt) Read more at spectator.org ...


TOPICS: Constitution/Conservatism; Extended News; Government; News/Current Events
KEYWORDS:

1 posted on 07/17/2014 3:37:07 PM PDT by nickcarraway
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Comment #2 Removed by Moderator

To: nickcarraway
For the 1st Amendment, there must be a clear line, ALL SPEECH is permitted unless it can be shown to be IMMEDIATE and FALSE (Fire in the theater!)

Anything else lets someone make a decision about permissible speech, which is anathema to the underlying concept of the 1st Amendment!

3 posted on 07/17/2014 3:54:14 PM PDT by SES1066 (Quality, Speed or Economical - Any 2 of 3 except in government - 1 at best but never #3!)
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To: nickcarraway
Beware of Mavericks calling themselves republicans too!

Some times it really is Bush's Fault! He opened the door for 90% of the mess today + he never should have ceded the office to a foreigner!

4 posted on 07/17/2014 4:00:00 PM PDT by rawcatslyentist (Jeremiah 50:32 "The arrogant one will stumble and fall ; / ?)
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To: Abathar; Abcdefg; Abram; Abundy; albertp; Alexander Rubin; Allosaurs_r_us; amchugh; ...



Libertarian ping! Click here to get added or here to be removed or post a message here!

5 posted on 07/17/2014 8:55:22 PM PDT by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: nickcarraway

Whatever....

That’s not gonna happen...


6 posted on 07/17/2014 10:05:06 PM PDT by Vendome (Don't take life so seriously-you won't live through it anyway-Enjoy Yourself ala Louis Prima)
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To: SES1066

ALL speech is permitted, period. No ifs, ands or buts. No limitations, of any sort. No prior restraint of any kind. RIGHTS are absolute. If someone slanders, libels or defames someone else, there are laws in place to deal with it. If someone falsely yells “Fire” in your theater, there are laws to deal with inciting a riot or whatever. ALL SPEECH is permitted and protected. Period.


7 posted on 07/17/2014 10:45:19 PM PDT by dcwusmc (A FREE People have no sovereign save Almighty GOD!!! III OK We are EVERYWHERE!!!)
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To: nickcarraway

This is a fools errand for the left. We should encourage them to spend a lot of resources on it. Because it’s going nowhere.


8 posted on 07/18/2014 2:24:00 AM PDT by RKBA Democrat (Be a part of the American freedom migration: freestateproject.org)
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To: nickcarraway

http://feedly.com/e/CmW22XEI. There are those who refuse to follow orders that would be unconstitutional. They proved that in Murrieta California. KUDOS!


9 posted on 07/18/2014 2:33:12 AM PDT by antceecee (Bless us Lord, forgive us our sins and bring us to everlasting life.)
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