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Congressman Yarmuth wants to amend the constitution to limit free speech [Opinion: The Arena]

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Kentucky Third District Congressman John Yarmuth

In a blatantly transparent move to garner support from the Occupy Louisville protesters, Rep. John Yarmuth is proposing a constitutional amendment that would overturn a campaign finance ruling by the U.S. Supreme Court that the Louisville Democrat says has given special interests undue influence over elections.  The congressman, who represents Kentucky’s 3rd District, is sponsoring the constitutional amendment with Rep. Walter Jones, R-N.C.

First Amendment for Liberals.JPGThe lawmakers are aiming to reverse the high court’s January 2010 decision in a case called Citizens United v. Federal Election Commission, in which the high court ruled that the government could not ban or limit political spending by corporations in federal elections.  The majority held that such a ban was an unconstitutional restriction on free speech: 

“All speakers, including individuals and the media, use money amassed from the economic marketplace to fund their speech, and the First Amendment protects the resulting speech. 

“Differential treatment of media corporations and other corporations cannot be squared with the First Amendment, and there is no support for the view that the Amendment’s original meaning would permit suppressing media corporations’ political speech.”

occupy-the-courts.jpgParroting the ubiquitous mantra of the Occupiers, that “money is not speech,” and “corporations are not persons,” Yarmuth wants to find a way around the First Amendment’s protection of free speech for corporations.  “The decision was written in such a way that the only way to correct it is with a constitutional amendment,” Yarmuth said. “You can’t legislate around it. Believe me, everybody has tried to find a way.”

Yarmuth’s amendment also would establish a public financing system to make taxpayers pay for all federal elections, and it would be the sole source of money for candidates. In addition, the amendment would allow Congress to make federal election days holidays.

Proposed Constitutional Amendment:

free_speech_1221a.jpg‘‘SECTION 1. Financial expenditures, or in kind equivalents, with respect to a candidate for Federal office, without regard to whether or not a communication expressly advocates the election or defeat of a specified candidate in the election, shall not constitute protected speech, as guaranteed by this Constitution or any amendment to this Constitution.

‘‘SECTION 2. Congress shall have the power to enact a mandatory public financing system to provide funds to qualified candidates in elections for Federal office, which shall be the sole source of funds raised or spent with respect to Federal elections.

‘‘SECTION 3. Congress shall set forth a legal public holiday for the purposes of voting in regularly scheduled general elections for Federal office.’’

Rep. Yarmuth on MSNBC to discuss his Constitutional amendment

(Watch closely.  At 3:39, Rep. Yarmuth mentions “The Koch brothers on the right, or even George Soros on the left…”  But just as he mentions Soros, MSNBC cuts the video and removes the mention of Soros.)

Yarmuth is not the first ultra-liberal politician to jump on the Occupy bandwagon.  Earlier this month, Socialist Sen. Bernie Sanders (I-VT) introduced a constitutional amendment that would ban corporate campaign donations to candidates, and give congress and the states broad authority to regulate spending in elections.  Sanders’ amendment followed another one proposed by Rep. Ted Deutch (D-FL) in late November, the “Occupy Wall Street” inspired “Occupied Amendment.”  It would also outlaw corporate money in politics and end so-called “corporate personhood.”

Sens. Tom Udall (D-NM) and Michael Bennet of (D-CO) have also introduced a constitutional amendment that would overturn Citizens United by granting Congress and the states the authority to regulate the campaign finance system.

free_Speech 1221.jpgThe liberals love to extol the First Amendment, when it comes to the Occupy movement, pornography, and the release of defense secrets; but when they feel threatened, they are quick to pounce upon any free speech or free exercise of religion that might challenge their worldview.  The war on Christmas, and the attempt to regulate “hate speech,” are cases in point.

Of course, the proposed constitutional amendment hasn’t a snowball’s chance in hell of ever passing; and Yarmuth has acknowledged that successfully passing his proposed amendment “will be tough.”  The congressman’s motives for introducing such a foolish proposal are clearly more symbolically political than practical.  He has chosen to align himself with the radical Occupiers and the far-left wing of his party.  This shift should not be lost on the voters of the Third District, come next election day.

Previous article:  Congressman Yarmuth wants to change constitution, limit rights

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Louisville.com's The Arena section features opinions from active participants in the city's politics. Their viewpoints are not those of Louisville.com (a website is an inanimate object and, as such, has no opinions).  Of course, Louisville.com is owned by a corporation, and could therefore be limited in what it could publish, in the unlikely event Congressman Yarmuth's restrictive constitutional amendment is adopted.
 

 

Big Money in Politics

As a citizen of the Republic, how can you not be upset at the disproportionate influence of big spending compared to the voice of the average voter.
At the time of the creation of our Constitution, corporations were regulated by charters granted by the colonial/state governments. I challenge you to find any such charters that authorized corporate contributions or spending in the political process. This ruling allowing unlimited corporate spending in a 2010 creation by five of the nine Justices on the Supreme Court. All who joined in that majority overruled recent and long-standing precedents based on their conservative political ideology. Justice Stevens dissenting opinion will stand as a proper perspective on why those five deserve to be impeached.

How would this amendment

How would this amendment affect so-called "issue-advocacy" ads? This is a huge hole, and is likely to only result in a big money shuffle. Instead of money going directly to campaigns, it would be funnelled into issue-advocacy advertising which pretty much always supports or criticizes one candidate. Net effect? Zero...and I'm not sure how you can or whether you should be able to limit this.

As for campaign financing, I'm not a big fan of public funding of campaigns, though there are aspects of it that could be tempting. It'd be interesting to see who would win if one candidate weren't able to outspend their opponents. I'm assuming, of course, that all candidates would be allocated the same amount of funding for their campaigns...which, if we could discount the aforementioned issue advocacy advertising (which we can't) would create a "more level" playing field...which is tempting.

Another idea for campaign finance reform is to simply limit an entity - be they person, corporation, union, or other organization - to donating only to the campaigns of candidates that they can legally vote for. Corporations can't vote. Neither can unions. They couldn't donate to a candidate's campaign. Of course, that money will just be shuffled into advocacy ads; so, again, the impact will be limited.

My conclusion: this amendment won't solve the problem, it'll just re-shape it.

Good for Yarmuth

Citizens United is a terrible ruling by activist judges (yes, conservative judges can be activists too). The more power corporations have to influence elections, the less voice ordinary Americans have to make their voices heard. The individuals who make up corporations have every right to contribute to campaigns on their own, but corporations themselves have no business overshadowing the free speech of citizens. Also, any credibility the author had was wasted away when he cited the "war on Christmas." Look around you. There's no shortage of Christmas-related speech and imagery in America. Asking inclusion for those who celebrate a different holiday - or who don't want religion shoved in their faces - is not removal of free speech. It's asking for consideration of those who aren't exactly like you. The "war on Christmas" is a made-up way for TV stations to boost ratings and for conservative Christians to make themselves feel like underdogs. You know, just like corporations like to pretend they're the underdogs.

I Swear to God

If a Democrat had to propose that human beings breathe oxygen to live, some stupid Republican would hold their breath until death just out of spite. Jackass, the amendment stops EVERYONE (you, me, corporations, unions, you name it) from spending money on politicians, i.e. no more buying the pricks, regardless of party. How the hell can you be against that? Oh wait, I know how. Because if it was left to a battle of ideas, Republicans would NEVER WIN SHIT. They know it, that's why they doth protest too much.

well...

I agree with the mantra.. money is not speech.. and corporations are NOT people... what is wrong? afraid if this goes through you will lose a few politicians you employee?

So you are comfortable with

So you are comfortable with permitting our precious Democracy being bought and paid for by corporate interests. By the way, you might try posting a definition of fascism and see if government owned, lock, stock, and barrel by the corporations qualifies.

And might I ask what will happen to YOUR precious free-speech rights when they are controlled by the very few who can overwhelm the electoral process.

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