Absolute laws make for absolute exceptions regiment. The freedom of speech is not an absolute right. We have fighting words, criminal syndicalism (imminenence of a substantive evil), the creation of the perception of corruption amongs public officials, libel and slander, and many other doctrines which I could strum through in a few seconds. At the end of the day, from a legal perspective, Kennedy is throwing prior court decisions out the window. Then again, I'm not all that surprised. And yes, I would still stand by this given your hypothetical as a matter of principle.Here are some interesting thoughts from others.
"Congress shall make no law ... abridging the freedom of speech". That's all speech, by all people, including aggregations of people, which includes corporations (which are made up of people) and unions (which are also made up of people) -- or any other group of people."
"It was a win for the Constitution of the United States, a document that is often run rough-shod over these days."
"The whole McCain-Feingold Law was really just another manifestation of the Federal nanny state, based on the flawed assumption that, if too many groups are allowed free speech, the people won't be smart enough to decide for themselves what the truth is; therefore, the Federal Beast needed to be empowered to determine who can speak during elections and who can't. Unsurprisingly, the Washington establishment constructed this unconstitutional law so as to favor incumbents and unions. SCOTUS did the right thing in throwing this thing out. We need more free speech (with full disclosure on who's speaking it during campaigns), not less."
Now consider this scenario....
I wonder what the reaction of those that dislike this ruling would be if the following scenario occurred. Let's assume that in the upcoming elections in 2010, a candidate or several candidates were running on a platform of limiting the sale and distribution of violent video games and/or perhaps limiting participation in on-line gaming to 21 years of age. I would think that the game manufactures and on-line gaming hosts would be opposed to those restrictions, as would many of the members of GS. Now assuming that the game manufacturers and on-line gaming hosts decided to run political ads opposing those candidates, would those that oppose the Supreme Court's decision, also oppose these corporations running these ads?
Another thought for those that are concerned that ads have too much influence on the voters. In the recent MA Senate election, Coakley out spent Brown by two or three to one. In spite of all of that spending on Ads, it sure didn't "influence" the people the way Coakley had planned.
Just some thoughts.
blackregiment
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