Monday, January 25, 2010

Supreme Court, Free Speech, & $$$$$$$

Amendment I

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; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

What's At Stake

Congress shall make no law .... abridging the freedom of speech.

The Bill of Rights in the Constitution does not get much clearer or simpler. Congress cannot make a law that restricts the purchase of air time on Television by and individual or entity to express their opinion. Simply put, McCain-Feingold was a bad law. Just because Congress can pass a law and the President (Bush, who stated it was probably unconstitutional when he signed) does not mean it is right. The checks and balance that have been set in place worked in this scenario.

Congress passed a law that was in contradiction to the Constitution, particularly the First Amendment. The President signed it. The Supreme Court has reviewed several cases that have come forth through this law and overturned several portions. The most recent dealing with a movie made during the last Presidential Campaign.

It did find that McCain-Feingold restricted free speech which is guaranteed under the First Amendment. Democrats complain that it will favor Republicans. Well then tell your tight-wad supporters to fork over more money. They complain that it is not fair, much like their reasoning behind the Fairness Doctrine. I then refer them back to the First Amendment that "Congress shall make no law respecting an establishment ..... of the press." The press is in general all media, TV, Blogs, Newspapers, Radio, etc. If you do not like what someone is writing - then don't buy it. If you do not like what someone is saying, then don't listen.

Now certainly there is responsibility that comes with providing information to the masses. There is responsibility that come with defamation of character. Most people are able to determine the idiots and nut cases from rational discourse. What we read, what we watch, what we listen too, and what we say is all a choice and we are all responsible for our choices.

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