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Half-Right on McCain-Feingold
NY Times ^ | 5/3/03 | Staff Editorial

Posted on 05/03/2003 10:01:24 AM PDT by randita

May 3, 2003

Half-Right on McCain-Feingold

A three-judge federal court in Washington issued a split decision yesterday in a lawsuit challenging McCain-Feingold, the landmark law aimed at reducing the corrupting role money plays in politics. The decision upheld important parts of the law but struck down other sections that Congress rightly considered critical to reforming the electoral process, and that fully conform to the Constitution. The Supreme Court should quickly review the case and restore the law in its entirety.

The panel that decided yesterday's case did not distinguish itself. The package it produced was so big, so ungainly and so dense that two of the judges furnished a 20-line chart, itself migraine-inducing, to guide the beleaguered reader. On the basis of an initial reading, however, the decision has much to cheer advocates of reform. It sustains large parts of the ban on "soft money," a major source of big contributions from corporations, unions and rich people, and an important means by which special interests exert influence over government policy. The court also ruled in favor of limits on corporate and union financing of sham "issue ads," which purport to discuss issues but actually serve as campaign commercials for individual candidates.

But the panel struck down important parts of McCain-Feingold and weakened others. The decision upholds a weak version of the issue-ad ban, a restriction written into the law as a backup, rather than the more powerful version Congress included in the statute as its first choice. And even though many important regulations on soft money will remain in place, the court struck down some restrictions that are important to stopping interest-group money from polluting politics.

McCain-Feingold was challenged by a wide array of special interest groups ó from the National Rifle Association to the A.F.L.-C.I.O. ó that are used to using money to buy influence in Washington. They have attacked the law under the rallying cry of free speech. But the reasonable rules imposed by the law fall squarely within the Supreme Court's precedents, which have repeatedly, and recently, affirmed the right of Congress to impose limits on campaign contributions and expenditures to maintain the integrity of the electoral process.

The Supreme Court needs to hear this case quickly, not only because the issues are important but also because yesterday's decision did so little to clarify them. The special interests are no doubt already hard at work looking for loopholes. Yesterday's ruling should be stayed in the interim by the Supreme Court, so it can consider McCain-Feingold before the law is even partly dismantled ó and before any more improper influence can be brought to bear on the political process.


TOPICS: Constitution/Conservatism; Editorial; Government; News/Current Events; Politics/Elections
KEYWORDS: cfr; cfrlist; feingold; mccain; mccainfeingold; silenceamerica
Predictable NY Times take.
1 posted on 05/03/2003 10:01:24 AM PDT by randita
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To: randita
So now that the New York Behind the Times and Washington Compost have quickly weighed in on the subjest, if there was any doubt, we now know the whole CFR needs to be overturned by the Sepreme Court.
2 posted on 05/03/2003 10:03:47 AM PDT by Always Right
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To: Always Right
The NY TImes just wants to have everyone silenced but them. McCain-Feingold is an atrocity. It would ban speech by non-partisan groups leading up to an election. The Supreme Court will eviscerate it. I hope.
3 posted on 05/03/2003 10:07:29 AM PDT by Zack Nguyen
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To: randita
Its just amazing though that these hypocrits can support the 60 day ban on Ads prior to the election. That has got to be the #1 most blantant attack on the First Amendment in the history of this country. Of course they wisely did not mention this in their editorial. This would give the media the only voice in the critical period prior to the election.
4 posted on 05/03/2003 10:09:01 AM PDT by Always Right
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To: Zack Nguyen
The NY TImes just wants to have everyone silenced but them.

Obviously. But of course they fail to point out their self-interest in the editorial.

5 posted on 05/03/2003 10:10:37 AM PDT by Always Right
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To: Always Right
Its just amazing though that these hypocrits can support the 60 day ban on Ads prior to the election. That has got to be the #1 most blantant attack on the First Amendment in the history of this country. Of course they wisely did not mention this in their editorial. This would give the media the only voice in the critical period prior to the election.

That is so right. These people are seriuosly a bunch of Stalinists.

6 posted on 05/03/2003 10:11:52 AM PDT by KC_Conspirator
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To: randita
Yesterday's ruling should be stayed in the interim by the Supreme Court

A stay would of course allow the NYT to have great influence in the next election.

Hopefully SCOTUS will not issue a stay. That at least minimizes the damage from the new law.

Anyone know if SCOTUS can prevent implementation of any part of the law until they review it in full?

7 posted on 05/03/2003 10:25:47 AM PDT by CurlyDave
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To: randita
Notice that the communists at the NY Slimes didn't mention that the ACLU also opposed CFR?

Don't want to offend their fellow leftists, I suppose...

8 posted on 05/03/2003 10:34:57 AM PDT by gbunch (God bless our President and our troops.)
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To: CurlyDave
>>Yesterday's ruling should be stayed in the interim by the Supreme Court<<

Sure, stay the ruling and allow an obviously unconstitutional law to affect the prewsidential election. That makes sense.

This law began as a rat diversion from inquiry into Clinton's Chinese connection, and McCain realized that there was a mountain of positive press awaiting a Republican who joined the rats.
9 posted on 05/03/2003 10:39:21 AM PDT by Jeff Chandler (This tagline has been banned.)
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To: randita
How about some limits on "sham" newspapers now. The NYTimes is a liberal advertisement from cover to cover.
10 posted on 05/03/2003 10:41:06 AM PDT by RAT Patrol (Congress can give one American a dollar only by first taking it away from another American. -W.W.)
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To: Always Right
I hate the liberal media even more today than yesterday, and I hated them a lot yesterday.
11 posted on 05/03/2003 10:43:08 AM PDT by RAT Patrol (Congress can give one American a dollar only by first taking it away from another American. -W.W.)
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To: Always Right
You know, since we can't spend money on election speech directly, we should spend money attacking the media instead. We should make commercials alerting people to the election fraud and sham "news" that is really nothing more than election advertisements for liberal candidates. Expose them big-time.

Then, we should buy our own sham newspapers so we can actually participate in the coversation without having to beg from some stinkin' liberal editor.

12 posted on 05/03/2003 10:47:33 AM PDT by RAT Patrol (Congress can give one American a dollar only by first taking it away from another American. -W.W.)
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To: *CFR List; *Silence, America!
http://www.freerepublic.com/perl/bump-list
13 posted on 05/03/2003 11:06:41 AM PDT by Libertarianize the GOP (Ideas have consequences)
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To: Zack Nguyen
"The NY TImes just wants to have everyone silenced but them. "

You are correct, so this comment from the NYT has me concerned: On the basis of an initial reading, however, the decision has much to cheer advocates of reform.

I would have hoped they were more upset with this ... it's not a win for freedom of speech after all, just 1/2 a loaf.

14 posted on 05/03/2003 9:32:19 PM PDT by WOSG (Free Iraq! Free Cuba, North Korea, Syria, Iran, Lebanon, Tibet, China...)
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