OpinioNet Contributed Commentary - Doug Fiedor>
February 17, 2002
Doug Fiedor
Law Squelches Serf-Citizen Speech
(Newsletter #261 - A Weekly View from the Foothills of Appalachia)
Last Wednesday, thousands of Americans from coast to coast watched
Un-American activities in progress. If our Constitution were truly
the supreme law of the land, and violations of the Constitution were
against the law, there would have been at least 218 members of the
House of Representatives in jail Thursday morning.
But, there they were, in living color on C-SPAN, debating how to
best limit the contradictory political speech of the voters back
home. Compounding the shame of it all was the vote on an amendment
submitted by Rep. Dick Armey (R-TX) which would have prohibited the
campaign finance "reform" bill under discussion from violating the
First Amendment. You know, the Amendment that starts out with the
words, "Congress shall make no law" and then includes, "abridging the
freedom of speech."
Throughout our history, political speech has always had the
highest protection. Not anymore, though. If HR-2356 is signed into
law by President Bush, the only ones allowed to place political ads
or publish political commentary will be the media and the campaign
committees. Citizens will have to dummy up for the 30 days preceding
a primary election and for 60 days preceding a general election.
Which means, candidates can tell any lies they wish without fear of
contradiction by us pesky little serf- citizens.
Rep. Bob Barr (R-GA) nailed it: "Only in Washington could a
massive new federal bureaucracy be proposed, and constitutional
freedoms stripped away, while supportive politicians are lauded by
national newspaper editorials for having the ’courage’ to support
’reform’ legislation.
More importantly, only in Washington
could media-driven support for such an atrocious piece of legislation
take precedence over stimulating an economy in crisis and creating
jobs for working Americans.
Under this legislation, Americans
could actually be sent to jail for airing their thoughts on a
particular candidate or policy issue."(1)
The bill passed the House 240-189. It now goes back to the Senate,
which passed a nearly identical bill last year. The tally is 41
wayward Republicans, one independent and 198 socialist-Democrats
approving the unconstitutional bill. There were 176 Republicans, one
independent and just 12 Democrats, opposing.
Does this tell us a little about which political party should be
favored next November?
Like Bob Barr, House GOP whip, Rep. Tom DeLay, understands: "This
bill does not contain real reform. Instead, this bill strips citizens
of their political rights and unconstitutionally attempts to regulate
political speech."
Thad Kousser and Ray LaRaja at Cato(2) just published a very
informative report on the issue in which they show that soft money to
political parties, which disproportionately benefits challengers, is
outlawed, as is anonymous soft money that funds advertisements within
60 days of elections.
Exactly. The controlling political class has finally succeeded in
limiting the political speech of the people. If the bill is signed
into law, it will be illegal to criticize a candidate 60 days before
an election.
Also, as David M. Mason, Chairman of the Federal Election
Commission, wrote in a Heritage Foundation report, "certain
significant provisions of Shays-Meehan are so complex, so vague, or
so broad as to be unworkable or unenforceable." Mason also says that,
"some provisions of Shays-Meehan (the 30/60 day ’electioneering’
black-out, for instance) are flatly unconstitutional" and that other
provisions raise significant constitutional difficulties.(3)
The point is, anything affecting incumbents is intentionally very
vague. Only those restrictions on citizens are straightforward and
harsh. Congress would never pass a bill to limit themselves. They
intend to rule the people with a heavy hand, not inconvenience their
chance for reelection. Clearly, anyone expecting them to limit
themselves is just not paying attention.
However, the glass is still half full. In the face of any
adversity, there is usually some opportunity.
These fools evidently do not have any understanding whatsoever of
what they just caused. The law of unintended consequences supersedes
anything Congress can pass.
For one thing, they will never limit our speech on the Internet.
This publication, for one, will continue on as always. But,
thats just a drop in the bucket. The unintended consequences
will be far reaching, and potentially very detrimental, for incumbent
campaigns.
Remember, there is the new 60 day rule. If citizens’ groups cannot
place political ads 60 days preceding an election, they will have to
place the spots earlier -- at a time when there are very few campaign
ads running and more people will pay attention to politically
motivated ads. Which means, with a little finessing of the subject
material, the ads can be used to implant firm opinions in the minds
of many voters before the actual campaigning by the incumbent
starts.
Incumbents, then, will have to counter these early ads placed by
citizens’ groups. Which means, the direction of an incumbent’s
campaign will then be led by the nose to the topics already set by
the earlier spots. This will drastically eat into campaign funds and
not allow the incumbent to advertise the message the campaign wants
to get out as much as they wished -- such as attack ads on the
opponent.
So, as this stupid and unconstitutional new law winds its way up
to the U.S. Supreme Court for a unanimous thrashing, we who get
involved in campaign activities will develop new -- and as yet
unsuspected -- methods to aggravate the incompetents who approved it.
They opened a few new doors. We shall enter and be all set up before
they have time to get there.
On the other hand, we could all join together to inform President
Bush that we feel this would be a very good time to bring out his
veto pen. He is supposed to defend the Constitution for us, after
all.
Doug Fiedor