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Libertarian Party: Campaign Finance Reform Ruling is Assault on Free Speech
Libertarian Party press release ^ | December 11, 2003 | George Getz

Posted on 12/11/2003 6:38:18 PM PST by Commie Basher

====================================
NEWS FROM THE LIBERTARIAN PARTY
2600 Virginia Avenue, NW, Suite 100
Washington DC 20037
World Wide Web: http://www.LP.org
====================================
For release: December 11, 2003
====================================
For additional information:
George Getz, Communications Director
Phone: (202) 333-0008
====================================

High court's ruling is all-out assault on right to engage in politics, Libertarians say

WASHINGTON, DC -- The Libertarian Party, which is one of the plaintiffs that challenged the campaign finance law upheld on Tuesday by the Supreme Court, has denounced the ruling as an "all-out assault on the right of every American to engage in the political process."

"Why not just outlaw elections and get it over with?" said Geoffrey Neale, the Libertarian Party's national chair. "The Supreme Court has just given incumbent politicians the power to financially cripple their competitors and, in the process, award themselves lifetime jobs."

In a 5-4 ruling that shocked advocacy groups across the political spectrum, the Supreme Court endorsed key provisions of the McCain- Feingold campaign finance law. Specifically, the court upheld a ban on "soft money" contributions from wealthy individuals, corporations and labor unions, as well the law's prohibition on running certain political advertisements within close proximity to an election.

But Libertarians point out that McCain-Feingold was nothing more than an incumbent protection act in the first place -- and that the court's ruling was tantamount to outlawing political competition.

"Running for office and communicating a message aren't free," Neale said. "So making it illegal to raise money to buy political ads, and banning the ads during the period when they're most effective, is tantamount to outlawing the message itself. That's a crime against the First Amendment as well as an affront to the democratic process."

Incumbent politicians already enjoy powerful advantages, Neale pointed out, such as name recognition and the ability to attract news media, taxpayer-financed staffs and office space, and the franking privilege.

The so-called campaign finance reform act was merely an attempt to eliminate the only weapon that many challengers have: contributions freely given by individuals or groups that share their views, he noted.

Acknowledging that the stated goal of the legislation was to clean up politics, Neale said: "Justice Sandra Day O'Connor pointed out that 'corruption, and in particular the appearance of corruption,' is rampant in Washington -- and of course, she's right.

"But a free-flowing, robust political debate isn't the problem; it's the solution. The only way to dislodge an entrenched, corrupt politician is to allow competing candidates, and anyone else who so chooses, to publicly criticize them and offer voters a better alternative.

"By upholding McCain-Feingold, the Supreme Court has merely guaranteed that corrupt politicians will stay in office for a longer period of time."

In March 1992, the Libertarian Party signed on as a co-plaintiff in McConnell v FEC, the lawsuit spearheaded by Kentucky Senator Mitch McConnell that sought to overturn the campaign finance reform law.

The party argued that the law would have a devastating impact on its activities by eliminating certain sources of revenue and imposing significant regulatory and administrative burdens.

For example, the law prohibits the organization from accepting donations of more than $25,000 from any individual; prevents it from taking money from organizations that are not "recognized political committees," so it cannot sell ads in its party newspaper to nonprofit corporations or incorporated businesses; and cannot accept funds for memberships or literature from its own state affiliates, unless they also comply with the law's onerous regulations.

However, the party was vindicated by one aspect of Tuesday's ruling, Neale added, when the court struck down the provision of the law banning minors from making contributions to political parties.


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As I recall, when Bush signed this bill, all the Bushbots were marveling over his genius, saying that Bush opposed the bill, but by signing it Bush was cleverly "diffusing" the issue, since he knew that the courts would overturn it.

Yeah, brilliant plan.

Now, of course, the Bushbots are blaming it all on McCain and the court.

1 posted on 12/11/2003 6:38:19 PM PST by Commie Basher
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To: Commie Basher
The established parties do not want competition from alternatives. It could rip apart their pork barreling ways and actually serve the American people.
2 posted on 12/11/2003 6:52:52 PM PST by Faramir
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To: Commie Basher
During the height of the cold war, a Soviet general remarked to his American counterpart during one of the arms reduction negotiations that it is almost impossible to devise a defense against the American military. He remarked that Americans write a rule book, but then completely disregard it and do the most unexpected of things; a concept totally unknown in the ridgid staff system that was Soviet military doctrine.

I suspect that the same fate will befall Campaign Finance Reform. I figure it'll take about 8 to 10 months, max, to figure out a way around, over or through it.
3 posted on 12/11/2003 6:58:51 PM PST by seadevil (after a 2 year hiatus from FR, I have returned)
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To: Commie Basher
All the Bushbots? I doubt it. Some did. This bill was a bad idea from the beginning. Disappointed in the SCOTUS, of course, but, hey. Maybe it'll help to wake up some people to the obstructionism going on right now by the Democrats. They are so frightened that some of GWB's circuit court picks will eventually be appointed to the Supreme Court, thereby diluting its current liberal bias, that they are using unprecedented extreme obstructionist methods to block their confirmations.

Want to make the Supreme Court and all of the federal courts more conservative? Vote out the commie-loving rat bastards! Want to leave the godless America hating Democrats on the bench, vote Rat or third party.

4 posted on 12/11/2003 7:04:21 PM PST by Jim Robinson (All your ZOT are belong to us.)
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To: All

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5 posted on 12/11/2003 7:04:38 PM PST by Bob J (www.freerepublic.net www.radiofreerepublic.com...check them out!)
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To: PhiKapMom; My2Cents; nopardons; Howlin; Miss Marple; woodyinscc; Wolfstar; arasina
It is "here-we-go-again" time.

Let's hear it for the Losertarian Party --- always the bridesmaid, never the bride.

Bitching from the sideline with the Greens. Oh, if our vote wasn't so precious as to waste it.
6 posted on 12/11/2003 7:11:31 PM PST by onyx
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To: Jim Robinson
Maybe it'll help to wake up some people to the obstructionism going on right now by the Democrats.

It should also wake up politicians to do the right thing, rather than do wrong and hope the courts will fix your mess.

7 posted on 12/11/2003 7:22:48 PM PST by Commie Basher
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To: onyx
I can understand people not liking this bill because frankly it is not a good bill but then I am not a big proponent of CFR to begin with. That said, I am having a hard time figuring out how this is infringing on my own personal free speech.

I can understand how it is affecting the speech of organizations but my own personal free speech -- no way!

Personally if I never saw another campaign ad on TV, it would suit me just fine.
8 posted on 12/11/2003 7:26:43 PM PST by PhiKapMom (AOII Mom -- OU Sooners are #1in the BCS)
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To: Jim Robinson
I remember the political climate at the time. President Bush was under constant attack. I admit that I breathed a collective sigh of relief when he signed the damn thing. One thing I do know is that President Bush is fired up about his Judges, and would have compromised by now if he was going too. Another thing I know, he is a man of priorities, and his Judges are in the first three. The first two being God and family. The Judges are all the dems have left, and President Bush will put the coup d' grace to that soon.!
9 posted on 12/11/2003 7:35:48 PM PST by woodyinscc
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To: Commie Basher
Now, of course, the Bushbots are blaming it all on McCain and the court.

Some of them are praising the CFR law, because they think it will benefit the Republicans.

10 posted on 12/11/2003 7:41:33 PM PST by aristeides
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To: onyx
Let's hear it for the Losertarian Party --- always the bridesmaid, never the bride.

Bitching from the sideline with the Greens. Oh, if our vote wasn't so precious as to waste it.

Something more "precious" than that is, I don't know, maybe the spectacle of how some "conservatives," once they get power, eagerly join hands with the socialists to tear down what is left of the Constitution. This is not some minor matter -- leftist social engineers are finding ways to regulate away the First Amendment and too many "conservatives" are eager to help them.

I don't expect ideological purity from politicians, but this latest "reform" is a dagger in the heart of the Republic. If the "conservatives" do 80% of the things the socialists do, should I be grateful for the 20%? I'm tired of some radical socialist proposal being accepted as a sacred "conservative" dogma 10 years down the line. It is time to demand something better than the clueless, feckless "leaders" we now have.

11 posted on 12/11/2003 7:44:54 PM PST by Wilhelm Tell (Lurking since 1997!)
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To: aristeides
Some of them are praising the CFR law, because they think it will benefit the Republicans.

I hope you are not including me, because of what I brought up on another thread. I will be able to quash that real fast.!

12 posted on 12/11/2003 7:52:44 PM PST by woodyinscc
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To: onyx
Thank you for the ping.
13 posted on 12/11/2003 7:53:41 PM PST by woodyinscc
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To: woodyinscc
Thank YOU for the succinctly stated eloquence of the unvarnished truth in your post #9.
14 posted on 12/11/2003 8:03:37 PM PST by onyx
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To: Wilhelm Tell
Please see woodyinscc's #9.
15 posted on 12/11/2003 8:05:44 PM PST by onyx
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To: PhiKapMom
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

16 posted on 12/11/2003 8:19:05 PM PST by bc2 (http://www.thinkforyourself.us)
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To: onyx
They'll complain at the drop of a pin.

Is it a good Bill/ decision ? No, but hardly as horrific as is oft said it is on FR. Do the fringers have a point? At the top of their tiny heads.

17 posted on 12/11/2003 9:03:46 PM PST by nopardons
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To: Jim Robinson
What you said!
18 posted on 12/11/2003 9:05:28 PM PST by nopardons
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To: PhiKapMom
If the Congress can getr away with infringing the Freedom of Speech of organizations, what's to stop them from trying to do the same to you and me? It's a slippery slope.

Actually this bill is more an infringement on Freedom of Assembly, as it limits the right of people to freely assemble together in a group to voice their collective displeasure with a politician. Individually we can all still object, but as a group, our rights are limited by this law.

It's a sad day in Amewrica. I am one of the lucky few who can actually do something about it, as Feingold is one of my Senators. And he's up for re-election in '04. I don't think he'll get my vote. He!! is still too warm for me to do that.

19 posted on 12/11/2003 9:13:47 PM PST by mukraker
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To: nopardons
Oh, yes, it is shaping-up for a replay here of election 2000. Oh the horrors. I am already tired.
20 posted on 12/11/2003 9:35:50 PM PST by onyx (Your secrets are safe with me and all my friends.)
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