The Supreme Court Got This One Right
January 28, 2010 by Bob Livingston
Some of the elected class are expressing dismay at the recent United States Supreme Court ruling that overturned much of the McCain-Feingold Campaign Finance Reform law that was passed in 2002. That law limited soft money in campaign financing, issue ads and controversial campaign practices.
Democrat National Committee Chairman Tim Kaine went so far as to call the ruling a decision that “must not be allowed to stand.” He also warned the Obama administration is preparing a forceful response. Senator John McCain (R-Ariz.) declared himself disappointed in the ruling.
Remember this: If the elected class opposes it then the ruling must be good for the American people. And this one is.
McCain-Feingold was an attack on free speech, plain and simple. It was, as some pundits have said, simply an election insurance bill that almost guaranteed the incumbent could waltz into the election against an opponent who had his hands tied. And special interest groups or corporations opposing the incumbent or big government-friendly legislation were forced to remain silent.
After all, if you ban ads opposing certain positions or politicians you have stifled the type of speech the First Amendment to the Constitution protects. And an assault on one portion of one Constitutionally guaranteed right is an attack on all of them.
As Thomas Jefferson wrote: “One of the amendments to the Constitution.. expressly declares that ‘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,’ thereby guarding in the same sentence and under the same words, the freedom of religion, of speech, and of the press; insomuch that whatever violates either throws down the sanctuary which covers the others.”