Supreme Court Upholds Campaign Finance Rules

Associated Press ^ | June 16, 2003 | Anne Gearan

[nonliberal]

Scalia for Chief Justice!!!!

[supercat]

As a political 'group of folks' we would have to be strictly protected by assembly and free-speech rights. Yet groups are incorporating as non-profits because it isn't practical (I assume: ie OSHA, liability, taxes...) to just be 'a group of folks'. So, Catch 22, the groups rights aren't stricly protected.

And if any of the folks in the group hire each other as contractors but they haven't arranged themselves as an NPC, the IRS swoops in (Indiana Baptist Temple?)

[supercat]

That is not a powerful statement at all, just a statement of fact. It only affirms that Congress is within it's rights to legally limit free speech under constititional considerations, as always. There are plenty of legal limitations to free speech, such as the "yelling FIRE in a crowded theater" and so on.

The "fire" notion is cute, but given that Congress shouldn't have anything to do with theaters and any vocalizations therein, I'd like to see some other evidence that the First Amendment was not intended as an absolute bar against *CONGRESS*. States, of course, were free until the 1860's to pass whatever restrictions on speech, press, religion, etc. their own constitutions allowed.

[Badray]

How "settled" is any law when the SCOTUS has reversed itself 127 times in the past 40 years? Roe V. Wade's day is coming too. How long will the reversal stand? Who knows?

[Congressman Billybob]

I've posted many times my views on what the US SC will do with the CFR case. In short, I feel so certain that they will strike down substantial portions of that law, that I've staked my reputation on it. If we do not beat CRF in the SC, I will resign my membership in the Bar of the SC, which I've held since 1976.

As for the specific issues, I'm burned out right now. Just hours ago I finished the main work on my amicus brief to the SC and sent it out for review. Forgive me for taking a brief break.

Congressman Billybob

Latest column, now up FR,"The Perfect Country and Western Song."

[Congressman Billybob]

I've posted many times my views on what the US SC will do with the CFR case. In short, I feel so certain that they will strike down substantial portions of that law, that I've staked my reputation on it. If we do not beat CRF in the SC, I will resign my membership in the Bar of the SC, which I've held since 1976.

As for the specific issues, I'm burned out right now. Just hours ago I finished the main work on my amicus brief to the SC and sent it out for review. Forgive me for taking a brief break.

Congressman Billybob

Latest column, now up FR,"The Perfect Country and Western Song."

[Congressman Billybob]

I've posted many times my views on what the US SC will do with the CFR case. In short, I feel so certain that they will strike down substantial portions of that law, that I've staked my reputation on it. If we do not beat CRF in the SC, I will resign my membership in the Bar of the SC, which I've held since 1976.

As for the specific issues, I'm burned out right now. Just hours ago I finished the main work on my amicus brief to the SC and sent it out for review. Forgive me for taking a brief break.

Congressman Billybob

Latest column, now up FR,"The Perfect Country and Western Song."

[Congressman Billybob]

I've posted many times my views on what the US SC will do with the CFR case. In short, I feel so certain that they will strike down substantial portions of that law, that I've staked my reputation on it. If we do not beat CRF in the SC, I will resign my membership in the Bar of the SC, which I've held since 1976.

As for the specific issues, I'm burned out right now. Just hours ago I finished the main work on my amicus brief to the SC and sent it out for review. Forgive me for taking a brief break.

Congressman Billybob

Latest column, now up FR,"The Perfect Country and Western Song."

[Congressman Billybob]

I am posting this reply to two gentlemen I know are acutely interested in details of constitutional law. But I post it generally for anyone to read. Also, I will be discussing this case this afternoon on air with Jerry Agar, WPTF, clear-channel, Raleigh, NC.

A link to the webpage for that show appears on the front page of my website. Click link, below. Alas, because of copyright concerns, that Show is not available on the Internet.

This case involves a conflict between two Circuit Courts of Appeal, which necessitates the Supreme Court reaching a final judgment. It also involves a conflict between two Supreme Court cases, National Right to Work and Massachusetts Citizens for Life. This case also concerns Buckley v. Valeo, the current granddaddy of campaign finance cases.

The important point to note is that this decision concerns "fund-raising" not "expenditures." Right-to-Life organizations remain free to raise money through their affiliated Political Action Committees, and free to publish their voters' guides, in which they can state, flatly, the positions of politicians for or against abortion.

Also, this case does NOT in any way predict how the Supreme Court will rule in McConnell v. FEC, the campaign case now before the Supreme Court. (I have just finished the next-to-last draft of my brief in that case, and will be there for the argument, specially set for 8 September.)

Reading the three opinions in this case butress my conclusion that we will get the Supreme Court to strike down large portions of McCain-Feingold -- if not the entire law. And I stand by my statement that I will resign from the Bar of the Supreme Court if we are unable to achieve that result.

Congressman Billybob

Latest column, now up FR, "The Perfect Country and Western Song."

[Constitution Day]

Thanks for the ping, sir!

*IF* I can get away from work before 6:00 I will listen in.
I can't pick up 680 AM inside my office building and it's spotty at times even in my car.

Reading the three opinions in this case butress my conclusion that we will get the Supreme Court to strike down large portions of McCain-Feingold -- if not the entire law. And I stand by my statement that I will resign from the Bar of the Supreme Court if we are unable to achieve that result.

I'm glad to hear you say that.
There's been a lot of handwringing on this thread because of this ruling and I have taken a wait-and-see approach.

I admire your statement and your convictions. Let's hope it doesn't come to that, though.

[Destro]

We know know don't we????