SocraticGadfly: Free speech vs. free democracy

August 30, 2009

Free speech vs. free democracy

The two issues clash head on at the Supreme Court, in a reargument of the political status of an anti-Hillary Clinton movie.

While this is not an easy case to look at, first of all, it’s CERTAINLY not one that fits within the “originalist” understanding of the Constitution promoted by Justice Scalia and some other members of SCOTUS. And, given both that and the fact the Court seems itching to make a broad ruling, …

I simply have to disagree with both the ACLU and Reporters Committee for Freedom of the Press, with their briefs supporting Citizens United. I feel even more so that way with our current Democratic president having helped wreck remaining shreds of public campaign financing by opting out of the system.

And, we now see the results in his fiscal policy, and the advisors thereof.

And, contra RCFP, this isn’t a ruling on “news,” it’s a ruling on advertising, which has NEVER had the same level of speech protections.

On the originalist side, the Founding Fathers simply did not envision:
1. A nation of more than 300 million people
2. Corporations being declared “persons” before the law by a previous Supreme Court
3. The exploitation of that ruling
4. Or many other related things.

Yes, a broad ruling the other direction pushes us in the direction of government censorship. I hope for a narrow but good ruling.
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