Thursday, January 21, 2010

Supreme Court Drop-Kicks McCain/Feingold, Scores Victory for 1st Amendment. Obama preparing ‘Forceful Response’

http://bigjournalism.com/fross/2010/01/21/supreme-court-drop-kicks-mccainfeingold-scores-victory-for-1st-amendment/

Fans of the First Amendment can rejoice.  In a 5-4 decision, the U.S. Supreme Court today struck down large portions of the abomination known as the McCain-Feingold campaign finance law, especially those aspects of the law that imposed restrictions on corporate spending on political issues.

From The New York Times:

WASHINGTON — Sweeping aside a century-old understanding and overruling two important precedents, a bitterly divided Supreme Court on Thursday ruled that the government may not ban political spending by corporations in candidate elections.

The ruling was a vindication, the majority said, of the First Amendment's most basic free speech principle — that the government has no business regulating political speech. The dissenters said allowing corporate money to flood the political marketplace will corrupt democracy.

"If the First Amendment has any force," Justice Anthony M. Kennedy wrote for the majority, which included the four members of its conservative wing, "it prohibits Congress from fining or jailing citizens, or associations of citizens, for simply engaging in political speech."


FirstAmendment

The case arose over the documentary, Hillary: The Movie, produced by David Bossie and directed by Alan Peterson, which a lower court had ruled violated provisions of the Bipartisan Campaign Reform Act of 2002, better know as McCain-Feingold against corporate political involvement.  From the Citizens United website:

BREAKING NEWS: Supreme Court rules in part in our favor 5-4!

Ruling: Reversed in part, affirmed in part, and remanded. Austin v. Mich is overruled, as is part of McConnell v. FEC. Stevens, Ginsburg, Sotomayor, and Breyer dissent. The majority opinion by Justice Kennedy is 57 pages, and Justice Stevens' partial dissent is 90 pages long.


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