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Government may be allowed to ban books and movies
Real Clear Policy ^ | November 8, 2016 | Dr. John Lott

Posted on 11/08/2016 9:20:32 AM PST by VictimsRightsPro2a

Believe it or not, this election will determine whether political appointees can prohibit books and movies released during election years that criticize their policies or behavior.

It’s well known that Citizens United v. Federal Election Commission concerns the role of money in politics, but it’s less often remarked that the decision centered around a 2008 film called “Hillary: The Movie,” a documentary critical of Mrs. Clinton. Arguing against Citizens United, a conservative non-profit, the Federal Election Commission made the case that because a film, such as “Hillary: The Movie,” was produced or distributed by a corporation (as are all commercial documentaries), it could be prohibited by the government. At oral argument, they went so far as to argue that such a ban could extend to books, pamphlets, and Internet sites produced or distributed by corporations. Fortunately, the Supreme Court said no. Unfortunately, four justices dissented from that common sense First Amendment ruling.

With the death of Supreme Court Justice Antonin Scalia earlier this year, however, the court is now split 4-4 on this issue. If given the chance, the four liberal justices would likely vote to overturn the decision.

Earlier this year, Justice Ruth Bader Ginsburg reasserted: “I’d love to see Citizens United overruled.” Similarly, Justice Stephen Breyer has said that without the ability to ban these types of independent expenditures, he knows of no way to make campaign finance regulations work and constrain campaign spending.

(Excerpt) Read more at realclearpolicy.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; Politics/Elections
KEYWORDS: democrats; firstamendment; johnlott; media

1 posted on 11/08/2016 9:20:32 AM PST by VictimsRightsPro2a
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To: VictimsRightsPro2a
Which government would that be? It certainly wouldn't be ours!
2 posted on 11/08/2016 9:27:30 AM PST by DoughtyOne (The morning and the evening were election day. They voted. The Lord saw, and it was good.)
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To: VictimsRightsPro2a

Voltaire: “To learn who rules over you, simply find out who you are not allowed to criticise” ...


3 posted on 11/08/2016 9:30:07 AM PST by Red Badger
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To: VictimsRightsPro2a

Equally critically endangered is speech that can be characterized as hate speech. Soon, only government condoned speech will be allowed. The censorship boards will control speech in the same general manner that they did sexually suggestive expression in the 1930s to 1960s. Except that the penalties will carry prison or reeducation camps.


4 posted on 11/08/2016 9:45:04 AM PST by JimSEA
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To: VictimsRightsPro2a

IF I decide to make a movie, or IF I decide to write a book about a political topic in an election year, and you try to arrest me. I would be morally justified in repelling you with all the violence needed to do so.


5 posted on 11/08/2016 9:47:11 AM PST by DesertRhino (November 8, America's Brexit!!!)
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To: DesertRhino

Bookmark


6 posted on 11/08/2016 9:58:41 AM PST by publius911 (IMPEACH HIM NOW evil, stupid, insane ignorant or just clueless, doesn't matter!)
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To: VictimsRightsPro2a

“Stephen Breyer has said that without the ability to ban these types of independent expenditures, he knows of no way to make campaign finance regulations work and constrain campaign spending.”

In other words, without the ability to restrict free speech, he knows of no way to achieve his other unconstitutional goal of constraining campaign spending.


7 posted on 11/08/2016 10:03:22 AM PST by DesertRhino (November 8, America's Brexit!!!)
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To: VictimsRightsPro2a

Are they going to ban “Deliverance” ?


8 posted on 11/08/2016 10:04:17 AM PST by Trump-a-licious
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To: VictimsRightsPro2a

Sieg Heil


9 posted on 11/08/2016 10:18:19 AM PST by clamper1797 (We are getting close to the last "box")
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To: VictimsRightsPro2a

10 posted on 11/08/2016 10:20:25 AM PST by dfwgator
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To: VictimsRightsPro2a

It’s only illegal if it attacks liberals. Otherwise it’s just dandy. And imagine if this rule was actually enforced. CNN ABC CBS NYT PBS et al would NEVER be allowed on the air. What would we all be forced to watch in airports???


11 posted on 11/08/2016 10:25:48 AM PST by Organic Panic (Hillary Clinton, the elderly woman's version of "I dindu nuffins.")
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