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Ned
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of Aptos, CA
Oct 1999 time: 21:32
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Yes, no more soft money! Yes, no more attack adds by unions and other interest groups in the weeks before the election. Free speech is less important that stopping corruption!
http://www.supremecourtus.gov/opini...pdf/02-1674.pdf
JUSTICE STEVENS and JUSTICE O?CONNOR delivered the Court's
opinion with respect to BCRA Titles I and II, concluding that the
statute?s two principal, complementary features?Congress? effort to
plug the soft-money loophole and its regulation of electioneering
communications?must be upheld in the main.
THE CHIEF JUSTICE delivered the opinion of the Court with respect
to miscellaneous BCRA Title III and IV provisions, concluding that
the District Court?s judgment with respect to these provisions must
be affirmed.
The District Court's decision upholding BCRA §311?s expansion
of FECA §318(a) to include mandatory ectioneeringcommunications-
disbursements disclosure is affirmed because such inclusion bears a sufficient relationship to the important governmental interest of ?shed[ding] the light of publicity? on campaign financing, Buckley, 424 U. S., at 81. Assuming, as the Court must, that FECA §318 is valid both to begin with and as amended by BCRA §311?s amendments other than the electioneering-communications inclusion, the latter inclusion is not itself unconstitutional. P. 9. 3.
BCRA §318?which forbids individuals ?17 years old or younger?
to make contributions to candidates and political parties, 2
U. S. C. A. §441k?violates the First Amendment rights of minors,
see, e.g., Tinker v. Des Moines Independent Community School Dist.
STEVENS and O?CONNOR, JJ., delivered the opinion of the Court with
respect to BCRA Titles I and II, in which SOUTER, GINSBURG, and
BREYER, JJ., joined. REHNQUIST, C. J., delivered the opinion of the
Court with respect to BCRA Titles III and IV, in which O?CONNOR,
SCALIA, KENNEDY, and SOUTER, JJ., joined, in which STEVENS,
GINSBURG, and BREYER, JJ., joined except with respect to BCRA §305, and in which THOMAS, J., joined with respect to BCRA §§304, 305, 307,316, 319, and 403(b). BREYER, J., delivered the opinion of the Court with respect to BCRA Title V, in which STEVENS, O?CONNOR, SOUTER, and GINSBURG, JJ., joined. SCALIA, J., filed an opinion concurring with respect to BCRA Titles III and IV, dissenting with respect to BCRA Titles I and V, and concurring in the judgment in part and dissenting in part with respect to BCRA Title II. THOMAS, J., filed an opinion concurring with respect to BCRA Titles III and IV, except for BCRA §§311 and 318, concurring in the result with respect to BCRA §318, concurring in the judgment in part and dissenting in part with respect to BCRA Title II, and dissenting with respect to BCRA Titles I, V, and §311, in which opinion SCALIA, J., joined as to Parts I, II?A, and II?B. KENNEDY, J., filed an opinion concurring in the judgment in part and dissenting in part with respect to BCRA Titles I and II, in which REHNQUIST, C. J., joined, in which SCALIA, J., joined except to the extent the opinion upholds new FECA §323(e) and BCRA §202, and in which THOMAS, J., joined with respect to BCRA §213. REHNQUIST, C. J., filed an opinion dissenting with respect to BCRA Titles I and V, in which SCALIA and KENNEDY, JJ., joined. STEVENS, J., filed an opinion dissenting with respect to BCRA §305, in which GINSBURG and BREYER, JJ., joined.
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Comrade Tassadar
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"The EVIL COMMUNISTS, by electing Dean into the whitehouse, are TRYING TO TAKE YOUR GUNS AWAY!!! QUICKLY, GO KILL THEM BEFORE THEY KILL YOU!!!!"
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gopher
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I eat my own poop
Dec 1999 time: 00:32
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Free speech? How in the heck is massive, unregulated monies given to political parties in the form of an "issue ad" that cannot say 7 certain words be classified as a form of public debate or regulated opinions? Do the little green pieces of paper talk? What I find very ironic is that most of the people who classify the issue ads as free speech turn around and call for a ban on flag burning. Jigga what?
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DinoDoc
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AECCP loves Democracy
Sep 1999 time: 23:32
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quote: ...
This is a sad day for the freedom of speech. Who could have imagined that the same Court which, within the past four years, has sternly disapproved of restrictions upon such inconsequential forms of expression as virtual child pornography, Ashcroft v. Free Speech Coalition, 535 U. S. 234 (2002), tobacco advertising, Lorillard Tobacco Co. v. Reilly, 533 U. S. 525 (2001), dissemination of illegally intercepted communications, Bartnicki v. Vopper, 532 U. S. 514 (2001), and sexually explicit cable programming, United States v. Playboy Entertainment Group, Inc., 529 U. S. 803 (2000), would smile with favor upon a law that cuts to the heart of what the First Amendment is meant to protect: the right to criticize the government. For that is what the most offensive provisions of this legislation are all about. We are governed by Congress, and this legislation prohibits the criticism of Members of Congress by those entities most capable of giving such criticism loud voice: national political parties and corporations, both of the commercial and the not-for-profit sort. It forbids pre-election criticism of incumbents by corporations, even not-for-profit corporations, by use of their general funds; and forbids national party use of “soft” money to fund “issue ads” that incumbents find so offensive.
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Berzerker
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topeka, kansas,USA
May 1999 time: 23:32
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quote: I'm not sorry to see the politicians lose a bit of their feed trough |
You have it backwards, this only empowers politicians more by suppressing critics. They didn't just ban certain forms of campaign financing which the parties will get around via loopholes, they made it illegal for certain special interests which include citizens' groups from running ads against politicians during the most relevant time during a campaign. Notice how the major candidates haven't been slowed down one bit when raising funds with these laws in place?
quote: but it is strange how they would strike down child porn laws then uphold laws banning political speech for several weeks leading up to an election. |
They didn't strike down child porn laws, the SCOTUS ruled that porn involving non-existent children, i.e., fictional representations, art, etc., did not qualify as child porn since no child was used.
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gopher
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I eat my own poop
Dec 1999 time: 00:32
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Ah, but money is still allowed, Berz, just in limited amounts. You can still give $ to the candidate. But the issue is not individual donors, but of massive enterprizes who subvert the system through back-channels. The framers had no idea that massive conglomerates could simply dump massive funds into the warchest of politicians. Their equivelent would be the Hudson's Bay Company secretly financing the Whigs. Besides, the framers set a guideline to the Constitution, allowing it to be changed.
Do I think that free speech has been limited by the McCain-Feingold? No. Those organizations which contributed soft money can still be heard, and still represent the issues at hand. Has democracy become a bit more about the people? Hopefully. And that, my friends, is a victory for all.
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