Thursday, April 26, 2007

McCain-Feingold Suppression of Political Speech Act Getting Limited?

This piece of legislative feces is actually having some difficulty with the Supremes.
Supreme Court justices yesterday expressed serious concerns about the legality of key portions of the McCain-Feingold Act, raising the possibility that the court may strike down or sharply limit part of the landmark campaign-finance law heading into the 2008 presidential election.
"This is the First Amendment," Justice Antonin Scalia told lawyers defending the McCain-Feingold Act. "We don't make people guess whether their speech is going to be allowed by Big Brother or not. If you are going to cut off the speech, there ought to be a clear line. . . . And you're not giving us any."

Scalia has long maintained that many types of restrictions on campaign financing violate the Constitution; in previous opinions, however, he has been in the minority when the cases were decided. In 2003, for example, the court upheld the first challenge to the McCain-Feingold Act by a 5-to-4 vote, with Justice Sandra Day O'Connor joining the court's four liberals in the majority.

But the moderate O'Connor has retired, replaced by Justice Samuel A. Alito Jr., a more conservative judge. If the new court rolls back the McCain-Feingold Act, corporations and labor unions will be able to buy political ads more freely during the 2008 election. A decision is expected by June.
One can really hope.

As you know I think there shouldn't be any limits period. Anyone who finances candidates should be allowed to, though there contribution must be publicly reported or the record completely available to everyone within 24 hours of donation. And no secretive masked groups.

1 comment:

merben said...

Very interesting. These limits can certainly affect the 2008 presidential race.