Commentary Magazine


Topic: Austin

Supreme Court Vindicates Political Speech, Pulverizes McCain-Feingold

In a landmark 5-to-4 ruling, the Supreme Court today in Citizens United v. FEC struck down major portions of the McCain-Feingold campaign-finance law. The Court left in place the disclosure requirement for corporations and the disclaimer requirement that identifies whether an ad is not paid for by the campaign. But little else remains. The Court overruled the highly controversial 1990 decision in  Austin v. Michigan Chamber of Commerce, which upheld restrictions on corporate spending to support or oppose political candidates. As this report notes:

The majority, invoking the Constitution’s free-speech clause, said the government lacks a legitimate basis to restrict independent campaign expenditures by companies. . .“The government may regulate corporate political speech through disclaimer and disclosure requirements, but it may not suppress that speech altogether,” Justice Anthony Kennedy wrote for the majority. Companies, which had been barred since 1947 from spending money in support or opposition to a candidate, potentially now will pump millions of dollars into campaigns. Companies, and possibly labor unions as well, will be able to use their general-treasury dollars to punish or reward lawmakers for their votes on legislation.

This is a vindication of the First Amendment and a victory for the protection of political speech, which is at the heart of our political system. It will certainly increase the amount of speech. Even the New York Times recognizes this (well, sort of):

The ruling was a vindication, the majority said, of the First Amendment’s most basic free speech principle — that the government has no business regulating political speech. The dissenters said allowing corporate money to flood the political marketplace will corrupt democracy.

The 5-to-4 decision was a doctrinal earthquake but also a political and practical one. Specialists in campaign finance law said they expected the decision, which also applies to labor unions and other organizations, to reshape the way elections are conducted.

Republicans may see some tactical advantage here, as corporations wary of the Obama regime may now help fund Republican Senate and House candidates seeking to block the Obama anti-business agenda. But it would be a mistake to assume that corporations that seem to have perfected the art of feeding at the government trough and which are vulnerable to the ever-increasing reach of the Obama administration won’t cover their bets by giving to both sides. Moreover, this is a victory plain and simple for the Constitution and for the essential notion that if there is a “problem” with certain types of speech, the solution is more speech, not the heavy hand of government censors.

In a landmark 5-to-4 ruling, the Supreme Court today in Citizens United v. FEC struck down major portions of the McCain-Feingold campaign-finance law. The Court left in place the disclosure requirement for corporations and the disclaimer requirement that identifies whether an ad is not paid for by the campaign. But little else remains. The Court overruled the highly controversial 1990 decision in  Austin v. Michigan Chamber of Commerce, which upheld restrictions on corporate spending to support or oppose political candidates. As this report notes:

The majority, invoking the Constitution’s free-speech clause, said the government lacks a legitimate basis to restrict independent campaign expenditures by companies. . .“The government may regulate corporate political speech through disclaimer and disclosure requirements, but it may not suppress that speech altogether,” Justice Anthony Kennedy wrote for the majority. Companies, which had been barred since 1947 from spending money in support or opposition to a candidate, potentially now will pump millions of dollars into campaigns. Companies, and possibly labor unions as well, will be able to use their general-treasury dollars to punish or reward lawmakers for their votes on legislation.

This is a vindication of the First Amendment and a victory for the protection of political speech, which is at the heart of our political system. It will certainly increase the amount of speech. Even the New York Times recognizes this (well, sort of):

The ruling was a vindication, the majority said, of the First Amendment’s most basic free speech principle — that the government has no business regulating political speech. The dissenters said allowing corporate money to flood the political marketplace will corrupt democracy.

The 5-to-4 decision was a doctrinal earthquake but also a political and practical one. Specialists in campaign finance law said they expected the decision, which also applies to labor unions and other organizations, to reshape the way elections are conducted.

Republicans may see some tactical advantage here, as corporations wary of the Obama regime may now help fund Republican Senate and House candidates seeking to block the Obama anti-business agenda. But it would be a mistake to assume that corporations that seem to have perfected the art of feeding at the government trough and which are vulnerable to the ever-increasing reach of the Obama administration won’t cover their bets by giving to both sides. Moreover, this is a victory plain and simple for the Constitution and for the essential notion that if there is a “problem” with certain types of speech, the solution is more speech, not the heavy hand of government censors.

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Flotsam and Jetsam

Marco Rubio is closing in on Charlie Crist in the Republican Florida Senate primary.

Two Republican congressmen have a theory as to why the recovery is tepid: “The source appears to be a growing fear that the federal government is retreating from the free-market economic principles of the last half-century, and in particular the strong growth policies that began under Ronald Reagan.” One big factor, they say, is tax policy: “Marginal income tax rates, capital gains rates, dividend rates and death-tax rates will increase — significantly. Hardest hit by these increases will be small businesses that file under the individual income tax code as sub-chapter S corporations, partnerships and proprietorships. Yet these are the very people whose investment and hiring decisions either drive or starve recoveries.”

Michael Goldfarb closes in on NIAC’s lobbying and efforts to silence journalists: “Keep in mind, this is an organization that claims on its tax forms that it DOES NOT engage in lobbying. Moreover, all of the group’s efforts seems focused on preventing additional sanctions, eliminating U.S. democracy funding initiatives, and destroying the Voice of America’s Radio Farda service. The regime couldn’t come up with a better set of priorities for NIAC, which may explain why so many people are wondering on behalf of whom NIAC is working.”

More bad polling for Obama in the latest Fox News/Opinion Dynamics poll: 46 percent approve and an equal percentage disapprove of his performance. Independents disapprove by a stunning 51 to 34 percent margin. By a 42 to 39 percent margin, respondents want to vote Republican in congressional races “to provide a check on Obama’s power.”

And from Quinnipiac: “Three-quarters of American voters — 74 percent — like President Barack Obama as a person, but only 47 percent like most of his policies, and voters disapprove 51-35 percent of the health care overhaul passed by the House of Representatives which he has endorsed, according to a Quinnipiac University national poll released today. Voters disapprove 53-41 percent of President Obama’s handling of health care. Obama’s endorsement of the House of Representatives–passed health care plan makes no difference to 44 percent of American voters, while 24 percent say it makes them view him more favorably; 30 percent less favorably.”

Meanwhile, the status quo has never looked so good: “As Congress debates a possible major expansion of health insurance in the United States, Gallup finds 38% of Americans rating healthcare coverage in this country as excellent or good, the highest (by eight percentage points) in the nine-year history of this question, and 12 points above last year’s level.”

Another weekend rush: “Senate Majority Leader Harry Reid said the first key test vote on his $848 billion health care bill will be taken Saturday, but he declined to say whether he has 60 senators lined up to vote yes. ‘We will find out when the votes are taken,’ he told reporters at a midday event. Reid also said he would not use a procedural maneuver known as reconciliation to pass the bill — a shift from previous statements when he would say all options are on the table.” And that’s 8 p.m. on Saturday for the vote. Get the sense they don’t want too much attention?

Meanwhile: “Democratic Sen. Ben Nelson (D-Neb.) said Thursday that he would prevent health reform from moving to final passage if restrictions on federal funding for abortion weren’t tightened during the amendment process. But, he added, ‘there are a lot of other things that could keep me from supporting it in the end as well.'”

Governors speak up: “Republican governors, meeting outside of Austin, sharply criticized the bill and a companion measure that has passed the House, claiming Thursday that they do nothing to contain rising medical costs and would shift significant costs to already fiscally strapped states.”

Wait, we were told to forget the tax problems because he was a genius: “Snowballing frustration about the economy burst into a political fracas Thursday, with several lawmakers calling on Treasury Secretary Timothy Geithner to resign over angst about unemployment and Wall Street bailouts. The criticism came largely from House Republicans, who have long been critics of the Treasury secretary. Mr. Geithner’s job status doesn’t appear to be in serious jeopardy and several Democrats at a congressional hearing leapt to his defense. But joining the anti-Geithner chorus in increasing numbers are more liberal Democrats who say the White House’s economic policies haven’t done enough to boost job growth.”

Marco Rubio is closing in on Charlie Crist in the Republican Florida Senate primary.

Two Republican congressmen have a theory as to why the recovery is tepid: “The source appears to be a growing fear that the federal government is retreating from the free-market economic principles of the last half-century, and in particular the strong growth policies that began under Ronald Reagan.” One big factor, they say, is tax policy: “Marginal income tax rates, capital gains rates, dividend rates and death-tax rates will increase — significantly. Hardest hit by these increases will be small businesses that file under the individual income tax code as sub-chapter S corporations, partnerships and proprietorships. Yet these are the very people whose investment and hiring decisions either drive or starve recoveries.”

Michael Goldfarb closes in on NIAC’s lobbying and efforts to silence journalists: “Keep in mind, this is an organization that claims on its tax forms that it DOES NOT engage in lobbying. Moreover, all of the group’s efforts seems focused on preventing additional sanctions, eliminating U.S. democracy funding initiatives, and destroying the Voice of America’s Radio Farda service. The regime couldn’t come up with a better set of priorities for NIAC, which may explain why so many people are wondering on behalf of whom NIAC is working.”

More bad polling for Obama in the latest Fox News/Opinion Dynamics poll: 46 percent approve and an equal percentage disapprove of his performance. Independents disapprove by a stunning 51 to 34 percent margin. By a 42 to 39 percent margin, respondents want to vote Republican in congressional races “to provide a check on Obama’s power.”

And from Quinnipiac: “Three-quarters of American voters — 74 percent — like President Barack Obama as a person, but only 47 percent like most of his policies, and voters disapprove 51-35 percent of the health care overhaul passed by the House of Representatives which he has endorsed, according to a Quinnipiac University national poll released today. Voters disapprove 53-41 percent of President Obama’s handling of health care. Obama’s endorsement of the House of Representatives–passed health care plan makes no difference to 44 percent of American voters, while 24 percent say it makes them view him more favorably; 30 percent less favorably.”

Meanwhile, the status quo has never looked so good: “As Congress debates a possible major expansion of health insurance in the United States, Gallup finds 38% of Americans rating healthcare coverage in this country as excellent or good, the highest (by eight percentage points) in the nine-year history of this question, and 12 points above last year’s level.”

Another weekend rush: “Senate Majority Leader Harry Reid said the first key test vote on his $848 billion health care bill will be taken Saturday, but he declined to say whether he has 60 senators lined up to vote yes. ‘We will find out when the votes are taken,’ he told reporters at a midday event. Reid also said he would not use a procedural maneuver known as reconciliation to pass the bill — a shift from previous statements when he would say all options are on the table.” And that’s 8 p.m. on Saturday for the vote. Get the sense they don’t want too much attention?

Meanwhile: “Democratic Sen. Ben Nelson (D-Neb.) said Thursday that he would prevent health reform from moving to final passage if restrictions on federal funding for abortion weren’t tightened during the amendment process. But, he added, ‘there are a lot of other things that could keep me from supporting it in the end as well.'”

Governors speak up: “Republican governors, meeting outside of Austin, sharply criticized the bill and a companion measure that has passed the House, claiming Thursday that they do nothing to contain rising medical costs and would shift significant costs to already fiscally strapped states.”

Wait, we were told to forget the tax problems because he was a genius: “Snowballing frustration about the economy burst into a political fracas Thursday, with several lawmakers calling on Treasury Secretary Timothy Geithner to resign over angst about unemployment and Wall Street bailouts. The criticism came largely from House Republicans, who have long been critics of the Treasury secretary. Mr. Geithner’s job status doesn’t appear to be in serious jeopardy and several Democrats at a congressional hearing leapt to his defense. But joining the anti-Geithner chorus in increasing numbers are more liberal Democrats who say the White House’s economic policies haven’t done enough to boost job growth.”

Read Less




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