Showing posts with label free speech. Show all posts
Showing posts with label free speech. Show all posts

March 1, 2012

According to this tidbit from Vtdigger.org today, some Vermont communities will have an advisory resolution in town meeting or on the ballot.
Let's hope rational thinking prevails to defend the First Amendment. Voting NO on these resolutions sends the correct message. Denying associations or corporations of any type, for-profit, non-profit, labor unions, etc., the ability to engage in political speech violates that bedrock principle that has the best hope of keeping America free.
Ideology is flawed that would deny certain Americans the freedom to speak on political issues, whether as groups or as individuals.
"On Town Meeting Day at least 50 Vermont communities will consider resolutions urging Congress to pass a resolution for a constitutional amendment banning corporate personhood. The list features some of the largest municipalities in the state, including Brattleboro, Burlington, Montpelier, Rutland, Williston, South Burlington and Winooski.
According to The Rutland Herald, 50 communities have developed some form of resolution in response to the Supreme Court Citizens United case. They include Albany, Barnet, Brattleboro, Bristol, Burlington, Calais, Charlotte, Chester, Chittenden, Craftsbury, East Montpelier, Fayston, Fletcher, Greensboro, Hardwick, Hinesburg, Jericho, Lincoln, Marlboro, Marshfield, Monkton, Montgomery, Montpelier, Moretown, Mount Holly, Norwich, Plainfield, Putney, Richmond, Ripton, Roxbury, Rutland City and Town, Sharon, Shrewsbury, South Burlington, Starksboro, Sudbury, Thetford Center, Tunbridge, Waitsfield, Walden, Waltham, Warren, Williamstown, Windsor, Winooski, Woodbury, Woodstock, Worcester, and Williston."

January 19, 2012

No Anti-Corporate Amendment to the Constitution


In Vermont we are watching an effort led by various liberal/socialist elements to amend the Constitution in the wake of the Supreme Court's decision in the Citizens United case. We have slogans such as "Money is not speech," "a corporation is not a person" and others to gin up the emotions of their followers. We see State Senators (Lyons & Campbell) leading rallies calling for a resolution supporting an Amendment to restrict free speech. [There are several versions floating around. The former link is just one.] And the usual activists, including Ben And Jerry's founder Jerry Greenfield, are beating the drum against political free speech by corporations.

I'm not an attorney, but in reading portions of the Citizen's United decision which has raised the hackles of these people who would amend the Constitution, I find this comment by Justice Scalia writing in response to Justice Stevens' dissent most relevant:

"But to return to, and summarize, my principal point, which is the conformity of today’s opinion with the original meaning of the First Amendment. The Amendment is written in terms of “speech,” not speakers. Its text offers no foothold for excluding any category of speaker, from single individuals to partnerships of individuals, to unincorporated associations of individuals, to incorporated associations of individuals—and the dissent offers no evidence about the original meaning of the text to support any such exclusion. We are therefore simply left with the question whether the speech at issue in this case is “speech” covered by the First Amendment. No one says  otherwise. A documentary film critical of a potential Presidential candidate is core political speech, and its nature as such does not change simply because it was funded by a corporation. Nor does the character of that funding produce any reduction whatever in the “inherent worth of the speech” and “its capacity for informing the public,” First Nat. Bank of Boston v. Bellotti, 435 U. S. 765, 777 (1978).
Indeed, to exclude or impede corporate speech is to muzzle the principal agents of the modern free economy. We should celebrate rather than condemn the addition of this speech to the public debate."

Scalia has it right. To the detriment of our public discourse, the 'class warfare' element of today's deeply partisan politics paints large, for-profit corporations as society's 'enemy.' Operating on that belief, some reject capitalism as the basis of our free society and would restrict free speech by restraining corporations from exercising that right.

Americans should reject that belief and premise if they support the Constitution. We should allow and encourage political speech of all kinds, but demand transparency in who pays for it.

No Constitutional amendment is necessary or desirable to constrain free speech in nothing more than a blatant attempt to muzzle certain speakers.

Some argue that the Constitution already provides Congress a remedy for constrain the Judiciary. Whether Congress would act under Article III, Section 2
to restrict the Judiciary

[ this part of Section 2: "In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make."] [emphasis added]

in the domain of political speech/spending is doubtful. After all, they are politicians who are financed by all sorts of 'special interests.'

November 8, 2011

Bailey: Are Super PACs to political parties as asteroids were to dinosaurs?

The fundamental truth in all this is that ‘money is the mother’s milk of politics.’ Always has been and will continue to be. The present system of political parties adds great comfort to the politicians and voters who embrace them. Politicians have a source of ideological and financial support and too many voters are relieved of the responsibility of thinking for themselves.

When information and money are no longer the exclusive domain of the traditional political parties, over time maybe we’ll see the end of partisan and ideological gridlock. Perhaps a new paradigm will emerge truly based on free speech and the money to distribute ideas and positions unhindered by antiquated party machinery. Such an unintended consequence may indeed benefit the Republic.

"We are all aware of the theory of unintended consequences. Most, if not all of us, have had a direct experience with this concept. Generally speaking, unintended consequences can be grouped into three categories:
  • Unexpected benefit.
  • Unexpected detriment occurring in addition to the desired effect of the policy.
  • A perverse effect contrary to what was originally intended.
Depending on your perspective, each of the three may be happening due to the 2010 Supreme Court decision known as Citizens United. In short, this decision allows unlimited spending during campaigns as long as that spending is done completely outside of an individual candidate’s campaign or in coordination with the political party that he/she is affiliated with."

'via Blog this'

October 22, 2010

Bloggers in the Middle East: Don't be too cheeky | The Economist

Bloggers in the Middle East: Don't be too cheeky | The Economist:


Islamic culture does not inspire openness, transparency or true democratic freedom of speech given the evidence of crackdowns on bloggers by governments in Muslim countries. China is another bad actor in this regard.

Repressive governments are afraid of dissent and losing control and power.

"Iran is far from alone in locking up bloggers. Governments across the Middle East are increasingly twitchy about their citizens’ online activities. As internet use in the region has soared—up 19-fold since 2000, compared with a fivefold rise in the rest of the world, according to Internet World Stats, which monitors global internet usage—so the number jailed for what they do on the web has shot up too."