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10-31-2009 10:07 PM
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merrie says:
Is Dissent ‘Legitimate’? Not According to Campaign Finance Laws
by Bert Gall and Robert Frommer -- Pajamas Media

After the administration decreed that Fox is not a “legitimate news organization” and that people shouldn’t watch it, more people than ever are tuning in to see Glenn Beck and Bill O’Reilly fight back.

Fundamentally, it’s because the administration’s media war against Fox is but a minor display of the tremendous power the government has to stifle speech it views as illegitimate.

Much of this power is the result of long-standing “campaign finance” laws. These laws impose all sorts of restrictions on political speech, and it’s no coincidence that the most draconian of these restrictions are targeted at those who can speak the most effectively against a politician’s reelection. The most effective speakers tend to be those who can spend the most money. Corporations, many of which have lots of money, receive particularly harsh treatment under
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10-31-2009 10:15 PM
merrie
. . the law. Congress and state legislatures have as a practical matter banned corporations from speaking effectively about candidates by prohibiting them from spending any money for that purpose during election season.

Fox News is part of a corporation, as are most of the other major news outlets in the United States. Congress and state legislators have chosen to exempt them from the ban they have placed on other corporations’ political speech.

With the Obama administration now arguing that Fox News is a partisan political group masked as a news outlet, expect politicians to call for the government to revoke the network’s media exemption and use the campaign finance laws to mute its spee...
10-31-2009 10:16 PM
merrie
In other words, politicians think they need to protect us by permitting “genuine” speech they like and restricting “fake” speech they don’t. Such Orwellian paternalism is not tolerated by the First Amendment. But it is at the core of the politicians’ endless quest to weed out speech they consider to be illegitimate.

Fortunately, it appears that the U.S. Supreme Court is about to remind politicians that free speech is a right, not a privilege subject to their mercurial whims. In the coming weeks, the Supreme Court will issue a decision in the case of Citizens United v. FEC. The Supreme Court is expected to hold that the government cannot prevent corporations from spending money to express th...
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