First Amendment rights

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Corporations Are Made of People

Tuesday, February 9th, 2010

After the Supreme Court torpedoed restrictions on political speech by corporations, foes of the First Amendment bitterly denounced its Citizens United v. FEC decision.

They don’t consider themselves enemies of freedom of speech, of course. Instead, they think the Court erred by assuming that corporations have First Amendment rights. They say corporations aren’t people; they can’t have rights.

But hey: Corporations — non-profit or for profit — are actually made up of people.

One corporation denouncing free speech for other corporations is The New York Times. Their angry editorial states, “The Constitution . . . mentions many things and assigns them rights and protections — the people, militias, the press, religions. But it does not mention corporations.”

First, the Constitution does not assign any rights to “press” or “religion.” It forbids Congress from abridging individuals’ freedom of the press, freedom of religion.

Second, the Constitution doesn’t exhaustively list relevant institutions. The drafters thought everybody knew that one way we exercise their rights is to organize, cooperatively, into groups — à la freedom of association.

Media corporations have been exempt from limits on campaign spending and political speech. The Times group editorial mind ignores this contradiction. They’re saying, “Our corporate speech is special and worthy of constitutional protection! We’re sincere and good! Members of other corporations, by contrast, can’t be trusted! Therefore, the First Amendment does not apply to them!”

Insist all you like, Mr. Times. You’re still wrong.

This is Common Sense. I’m Paul Jacob.

No More Speech Rationing

Tuesday, February 2nd, 2010

Advocates of campaign finance regulation, what George Will calls “speech rationing,” say letting corporations — including non-profit corporations — spend unlimited money on political speech corrupts democracy.

Actually, muzzling speech is what corrupts democracy and the point of it: i.e., to protect our freedoms, including freedom of speech.

Protecting these freedoms is a vital political good, even if some speech is deplorable.

The recent Supreme Court decision, Citizens United v. FEC, dramatically strikes down unconstitutional limits on electioneering by businesses and non-profits. But it leaves intact unconstitutional limits on their direct contributions to campaigns.

It also doesn’t touch requirements forcing campaign donors to disclose personal information. In his partial dissent, Justice Clarence Thomas pointed to how California donors giving more than $100 must reveal their names and addresses, info then publicized on the Internet. Supporters of a recent controversial ballot proposition were subjected to intimidation and property damage as a result.

The disclosure laws have spawned what Justice Thomas calls “a cottage industry that uses forcibly disclosed donor information to pre-empt citizens’ exercise of their First Amendment rights.”

Thomas is right. And campaign finance regulation should be tossed out root and branch.

This is Common Sense. I’m Paul Jacob.

Googling and Snuggling No More?

Monday, January 18th, 2010

After years of abetting Chinese censorship, Google may finally take a stand. The world leader in Internet search may no longer be willing to help impose the Red regime’s repressive measures. The last straw? A cyber attack on Google that originated in China and targeted email accounts of Chinese dissidents. Other companies were also attacked.

In recent decades, China has loosened controls on its economy. But it is loath to permit any significant scraps of civil liberty as well, like the right to speak out freely in criticism of the government.

China lets the Internet function within its borders. But it also erects firewalls, filters and other restrictions to block or limit access to various corners of cyberspace. For years, Google has cravenly played along, preventing phrases like “Tiananmen Square massacre” from being searched on the Chinese version of its search engine.

Google officers have long squirmed over their hypocritical willingness to “do evil.” Now a Google lawyer says the company is “no longer willing to continue censoring our results. . . .” They’re taking a few weeks to mull their next move. But they say they’ll leave China altogether if its government won’t agree to let Google’s search engine function freely.

China’s rulers won’t agree; so I hope Google does what it says it will do. Some things one should just not collaborate with. Tyranny is at the top of the list.

This is Common Sense. I’m Paul Jacob.

We Protest

Thursday, January 14th, 2010

You don’t need to commit violence to conduct a large, effective public protest of perceived injustice. The many Tea Party demonstrations against our federal government’s latest socialist excesses prove that.

But what if violent and nonviolent protests are equated in the minds of peace keepers?

In Reason magazine, journalist Radly Balko reports on several disturbing examples of crackdowns of persons assembled in a public place. In one incident, motivated by the occasionally violent protests of last fall’s G-20 summit in Pittsburgh, police ordered students gathered in public to disperse forthwith, though they had broken no laws. Anyone who moved too slowly was subject to arrest. Apparently, a few violent protesters hit town for the summit, but they were a distinct minority.

Balko isn’t impressed by a university official’s claim that the gatherings had to be busted up because of the “potential” for trouble. That’s a dangerous standard to apply to peaceful assembly that is not only constitutionally protected but also an important bulwark against tyranny.

Police can make honest mistakes like anybody else, especially when in charged and confusing situations. No doubt there’s sometimes a fuzzy line between a peaceful if rowdy protest and one that’s turning violent. But Balko suggests that police are increasingly harassing and handcuffing people only because they are peacefully dissenting.

Not only is that not right, it demands protest.

This is Common Sense. I’m Paul Jacob.

No More Cruel and Unusual?

Friday, January 1st, 2010

In recent years there’s been a spate of so-called “zero tolerance” policies — actually, zero common sense policies — in our schools, especially after Columbine and 9/11.

Last October in Delaware, six-year-old Zachary Christie faced 45 days of reform school for bringing a camping utensil to lunch. The gizmo combined a knife, fork and spoon. There was no evidence of evil intention. But the school thought their zero common sense policy against weapons had been violated. After a public outcry, the draconian punishment was dropped. The local school board modified some of its rules, though only for kindergartners and first-graders.

In Florida, lawmakers recently revised zero common sense policies statewide in hopes that only students who pose a genuine threat get expelled or arrested.

Hurray for any glimmer of a return to common sense. But why all these policies to begin with? Why instruct educators anywhere to respond maniacally to meaningless deviationism?

Maybe common sense and conscience are often the same thing.

Imagine if jay walking, littering and talking too loud in elevators were punished in comparably cruel and unusual fashion. Imagine judges and prosecutors always claiming they can’t distinguish between trivia and real crime — so better respond to both with equal force. Would we not accuse such meters-out of injustice of crimes of their own?

This is Common Sense. I’m Paul Jacob.