Freedom of Speech-An “Essential Mechanism” of Democracy


As the January 22nd WSJ pointed out editorially, “freedom has had its best week in many years.” The article refers to Scott Brown’s election as a check on the runaway Congress and more recently the Supreme Court 5-4 decision in Citizens United v. Federal Election Commission which overturned that part of McCain-Feingold which banned corporations and unions from “electioneering communications” within 30 days of a primary election or 60 days of a general election. Justice Kennedy for the majority wrote that the ban on corporate expenditures had a “substantial, nationwide chilling effect” on political speech; in other words, it was censorship.

Predictably the Democratic liberals and socialists howled! Corporations are not people! A major victory for big oil, Wall Street, insurance companies and other special interests, Obama cried. Senators called for hearings. Leftist groups called for a constitutional amendment!

Funny Obama in his rant did not mention his union employers, specifically the public employee unions, the membership of which now outnumbers that of private sector unions! And while members of his leftist coterie argued that corporations were not people, they neglected to mention that Obama’s coddling, fawning main stream liberal press are also corporations! Yes, its OK for leftist journalists to have freedom of speech, NBC, CNN, NYT WaPo and the like, who are all exempted under McCain-Feingold’d “electioneering communications” proscriptions. However, it unfair if other corporations and unions have freedom of speech.

So duplicitous Obama is showing his true position: freedom of speech is OK as long as the speech is in his favor. This gets uncomfortably close to the control of communications fostered in the USSR. The Supreme Court upheld this essential mechanism of Democracy. Bravo!

Tom Motherway

Tom Motherway
  1. #1 by Paul Burkett on January 24, 2010 - 4:00 am

    I agree 100%. The Supremes did get it right and I think Scalia's additional commentary to Kenendty's opinion is approriate since it silenced Stephens dissent. I wish the opinion was 6-3 or 7-2 in lieu of 5-4 but it is the right start.

  2. #2 by Tom Motherway on January 24, 2010 - 7:04 am

    Good point Paul. The real problem will be with Obama's additional appointments to the Supreme Court. The complexion of the Obama Court will make the Warren Court look conservative! tjm

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