1/22/2010

New piece at Fox News: The Supreme Court Protected Us On Thursday

This is the way the piece starts:

Do you want government regulating what movies can be shown to the public? Do you want the government determining what movies can be advertised? Or what books can be sold? Well, the Obama administration actually argued for these regulations before the Supreme Court in defending campaign finance regulations. Actually, they went even further and said that such regulations were essential to limiting how much money is spent on political campaigns.

Fortunately, the Supreme Court disagreed. On Thursday, in the case Citizens United v. Federal Election Commission, the Supreme Court struck down a law that had been used to stop the advertising or showing of "Hillary: The Movie" during the 2008 presidential campaign. No one doubts that the movie was critical of Hillary Clinton and that its release was timed precisely to hurt her presidential campaign. What the court couldn't abide was letting the government decide when a movie crossed the line and became too political. The ruling eliminates bans that corporations and unions have faced in trying to influence elections 30 days before a primary election or nominating convention, or within 60 days before a general election.

Campaign finance laws aim to restrict how much money can be spent on campaigns, but, just as Justice Antonin Scalia warned in 2003, “expenditures” can take an essentially unlimited number of forms. "If history teaches us anything, [it] is that when you plug one means of expression, the money will go to whatever means of expression are left," Scalia warned during oral arguments when the McCain-Feingold law was first heard before the court in 2003. . . .

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