Today's Supreme Court decision curtailing the ability of the Federal government to abridge the freedom of speech is a welcome development. According to the legal eagles at Power Line, it is a narrow holding which does not entirely blow up the provision that bars non-profits from naming a candidate in a broadcast ad within 60 days of an election. But hopefully the fuse has been lit for future challenges. Until then, organized groups of citizens will have to continue to watch what they say very closely, lest the politicians and bureaucrats disapprove of how they are interfering with the government's elections and drop the hammer.
The namesakes of this campaign finance legislation, McCain and Feingold, rightly get most of the discredit for imposing these laws on us. But we should note the lost Minnesota history behind this particular feature of McCain-Feingold now under scrutiny. Yes, it was sponsored by one of us. Hint, this person was short, angry, rode in a green bus, and is considered a minor prophet in certain sections of Kenwood and Mac-Grove. No, not Kathleen Soliah. It's Paul Wellstone. The facts, from March 27, 2001:
By a 51-46 vote, the Senate approved Monday an amendment offered by Sen. Paul Wellstone, D-Minnesota, to expand McCain-Feingold's restrictions on union and corporate advertising to also include non-profit groups like the Sierra Club and the National Rifle Association -- groups with "501c4" status.
Supporters of campaign finance reform say the amendment is unconstitutional and fear the amendment could result in President Bush vetoing the legislation. (Ed note - ha!)
But Wellstone said the amendment was needed to prevent a proliferation of non-profit organizations from "carpet-bomb(ing) our states with all of these sham issue ads."
"This is a loophole that must be plugged," said Wellstone.
Senator Wellstone referring to the First Amendment as a loophole. I guess when the only tool you have is a suffocating straight-jacket, every problem looks like a loophole.
BTW, I see on sale now at Wellstone Action, a new book:
Politics the Wellstone Way offers a comprehensive set of strategies to help progressives channel that energy into winning issue-based and electoral campaigns.
Chapter One: Making your opponents' criticism of you illegal.
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