by Jack Lee
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Yesterday, Thursday the 21st day of January, the United States Supreme Court in a 5/4 decision struck down a campaign law that has stood for 76 years. Whether you were for or against this decision one thing remains true, it was monumental and it will have a dramatic effect on how all future elections are conducted.
Let’s take a look at what happened and review some of the arguments pro and con, and then you decide if this was good or bad for America. ( As always, your comments are welcomed and will be posted as quickly as we can. )
The Supreme Court said basically this to the people: The First Amendment does not permit government to decide the “proper” quantity of political speech. And on the face of it this seems like rock solid logic. So why then were their four learned justices that took strong exception to the ruling? Obviously, this was a difficult case and right or wrong may have yielded to political bias, but for now lets not go there.
Corporations, businesses, unions and every entity that is not a non-profit may now contribute as much as they wish to support or oppose a candidate or legislation. Such entities pay taxes and it’s therefore defensible they should have some say in elections. However, many illegal aliens also pay taxes and so do foreign entities that import goods, shall this theory extend to them as well?
The 1st Amendment of the Constitution provides protection for free speech, although it does not specifically define what speech ought to be free. Criminal law defines that part, so we know there are limits to free speech. Criminal law limited free speech under the Harm Principle.
John Stuart Mill, an English philosopher, political theorist, and a member of Parliament was a Classical liberal thinker of the 19th century whose works on liberty justified freedom of the individual in opposition to unlimited state control. Mill makes a strong case when he tells us that any doctrine should be allowed no matter how immoral or absurd it may seem to everyone else.
“If all mankind minus one were of one opinion, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person than he, if he had the power, would be justified in silencing mankind.”
Such liberty should exist with every subject matter so that we have “absolute freedom of opinion and sentiment on all subjects, practical or speculative, scientific, moral or theological”
Then Mill suggests that we need some rules of conduct to regulate the actions of members of a political community. The limitation he places on free expression is “one very simple principle,” now usually referred to as the Harm Principle, which states that the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. This why you can’t yell “Fire” in a crowded building or slander someone.
Continue reading “What Just Happened to Free Speech? A Supreme Court Ruling of Historic Proportions!” »