July 2nd, 2007

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Free Speech Redux?

Monday, July 2nd, 2007

It’s always interesting to see which cause will spur politicians to sacrifice our freedoms. In our day, free speech has been gutted on the altar of campaign reform.

I refer, of course, to the McCain-Feingold law. Known officially as the Bipartisan Campaign Reform Act of 2002, under this enormity individuals and organizations not officially affiliated with a campaign have been prohibited from speaking in certain kinds of political advertisements mentioning a candidate within 60 of an election.

Lots of groups and individuals have objected. A few have filed suit. In 2004, an organization called Wiscsonsin Right to Life, wanted to run three ads late in a senate campaign. The ads instructed viewers to contact their senators. At no point was the group’s real target, Senator Feingold of McCain-Feingold fame, even named. Still, a judge refused to let the group air its commercials.

Censored.

In America.

In late June, the Supreme Court decided, by one vote, that the McCain-Feingold law couldn’t apply in this case Why? The ads were not, in their words, “the functional equivalent” of express campaign speech, urging the election or defeat of a candidate. The judges even offered this standard allowing all participants to know where to draw the line. This is really good news.

It’ll be a long road back to the First Amendment, but perhaps this is a small first step.

This is Common Sense. I’m Paul Jacob.