This week Democrat Senate Majority Leader Harry Reid has
declared war. He has not declared war on
ISIS or Muslim extremists; no he has declared war on the first amendment. As RNLA Advisory Council Member and former Solicitor
General Ted Olson writes:
Led by Majority Leader Harry
Reid, these Senate Democrats claim that they are merely interested in good
government to "restore democracy to the American people" by reducing
the amount of money in politics. Do not believe it. When politicians seek to
restrict political speech, it is invariably to protect their own incumbency and
avoid having to defend their policies in the marketplace of ideas.
This scheme is doomed to
fail when it comes to a vote in the Senate, perhaps as soon as Monday. The
Constitution's Framers had the wisdom to make amending the Constitution
difficult, and Mr. Reid's gambit won't survive a filibuster. But Senate
Democrats know their proposal is a loser. They merely want another excuse to
rail against "money in politics" and Supreme Court justices they
don't like.
As RNLA life member Professor Ronald Rotunda explains:
S.J.Res. 19 would give
political speech less protection than the First Amendment now gives to movies,
novels, comic books and Nazis marching through Skokie, Illinois. What about
movies that consider political subjects? Remember Fahrenheit 911, the 2004
documentary that political commentator Michael Moore directed? S.J.Res. 19
would authorize Congress or a state to ban that film. First, the language of
S.J.Res. 19’s proposal to repeal the First Amendment for political speech is
very broad. Second, we know that many of the supporters of S.J.Res. 19 were
incensed that the Supreme Court upheld the First Amendment right of Citizens
United (an organization with political views contrary to those of Michael
Moore) to distribute its 90-minute documentary, called Hillary: the Movie. One
movie was an attack on George W. Bush; the other was an attack on Hillary
Clinton. Both are constitutionally protected, until S.J.Res. 19 becomes law. –
We will conclude with some quotes from Hans Von Spakovsky
who points out the
irony of the Democrats trying to destroy a cornerstone of the Constitution
so close to September 17 and Constitution Day.
In testimony before the Senate Judiciary Committee
in June, Floyd Abrams, one of the foremost First Amendment litigators in the
country, sounded the alarm about this amendment, saying it “is intended to
limit speech about elections and it would do just that.” Abrams added that the
resolution “would shrink the First Amendment and in doing so set a precedent
that would be both disturbing and alarming.”
It is quite disturbing and alarming that nearly 227 years
after the signing of the Constitution on Sept. 17, 1787, 48 U.S. senators led
by their leader, Harry Reid, are proposing to restrict the First Amendment.
This is an ignominious attempt by a group of senators to protect their own
incumbency at the expense of a fundamental right guaranteed in the Bill of
Rights to all Americans.
With
all that is going on in the world right now, it is well worth noting that the Senate
Democrats top priority is to pass an amendment to limit speech and protect
their incumbencies. This is another reason why Republicans are favored to take back the Senate.
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