Liability
Locked Account.
I heard tonight that at the oral arguments, the Justices (including Justice Kennedy) asked the deputy solicitor general if the FEC could have prevented the "speech" at issue (the DVD about Hillary Clinton -- pure political speech) IF instead of coming in the form of a DVD, it had been a book.
The Government was obliged to answer that question.
Had they said "no," they would have been compelled to explain why they couldn't (in effect) censor a "book," but they supposedly could censor speech in one of its other forms.
But the deputy solicitor general answered, "yes." I understand that the Court went silent.
It was such a troubling answer, in fact, I heard, that the SCOTUS later invoked their right to seek a second round of oral arguments. The court then gave the Solicitor General a crack at what her subordinate had already answered on that earlier occasion. {In effect saying to the Government, "Look, you guys fucked it up the first go 'round. Care to modify your position?"} But once again, the official position of the United States Government in defending McCain/Feingold was to assert that they COULD (albeit they never had done so) (but they COULD) in fact prevent the publication of such a book.
This was clearly a Free Speech issue as it ultimately got resolved by the SCOTUS.
And it was idiotic legislation that directly affected arguably the VERY kind of speech that the First Amendment most urgently sought to PREVENT our Government from interfering with! Pure POLITICAL speech. Amazing.
In order to try to defend McCain/Feingold, the government had to candidly admit that they were claiming the power to censor a book of pure political speech BECAUSE it was political speech! I give credit to the deputy solicitor general and the solicitor general for honestly answering the Court's question. I give no credit to the Administration for supporting that stupid law. I give FULL CREDIT to the SCOTUS Majority. I am ashamed of the SCOTUS for not reaching that decision by unanimous decision.
This has nothing to do with free speech.
This is about corporate control of the U.S. government.
And it won't be just the left that suffers from this.
It will be all of us.
Utter hogwash. The decision is entirely about free speech.
And the correct decision was reached.
Your little liberoidal whining dishonesty "corporate control of the U.S. government" is not at all a concern of the decision. The putrid claim was rejected on the basis that what YOU guys are pissing and moaning about boils down to just another government effort to control speech. And the government is not permitted to do so particularly in the relam of political speech.
In short, the TEXT of the decision, and the bases for the decision, support the proposition that the Court's focus and its CONCERN was the First Amendment.
God Bless America. The SCOTUS got it entirely right on this one!