Archive for January, 2010

Chris   Berg

Citizens United vs. FEC – Supreme Court Protects First Amendment Rights

by Chris Berg

**Link Fixed**

Today the United States Supreme Court released its decision in the case of Citizens United vs. the Federal Election Commission.  This long overdue decision is a victory not only for Citizens United but also for the First Amendment.  The majority opinion clearly and decisively explained that “[n]o sufficient governmental interest justifies limits on the political speech of nonprofit or for-profit corporations.”

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The case decided this morning revolves around the 2007 film Hillary the Movie.  The film, which took an in-depth and critical look at the career of Hillary Clinton, was set to appear on cable television via video on demand during the Democratic presidential primary season in 2008.  The broadcast was prohibited by the so-called Bipartisan Campaign Reform Act of 2002, because Citizens United was organized as a corporation and had accepted a small amount of contributions from corporations to finance the film.

The government walks down a very treacherous path when it attempts to regulate speech, whether on film, print, or television.  Previous case law including Austin v. Michigan Chamber of Commerce and McConnell vs. FEC had created a regulatory scheme so complex one dare not speak without consulting a lawyer.  Even then, one should only consult an election lawyer with years of experience because the rules are so complex and precise.  As a lawyer you’d think I’d welcome the business, but not at the expense of the First Amendment. (more…)

Publius

ACORN Filmmakers Giles, O’Keefe Sued in Philadelphia Federal Court

by Publius

From America’s Right:

Hannah Giles and James O’Keefe III, the independent filmmakers behind the series of videos which swept the nation in 2009 and exposed internal corruption and illegality within ACORN Housing Corporation, were sued today in federal court in Philadelphia by an ACORN employee featured in one of the pair’s films.

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The plaintiff is Katherine Conway-Russell, a Philadelphia resident who has worked for ACORN since March 2008 as an office director.  It was Conway-Russell who met with Giles and O’Keefe, posing as a prostitute and pimp as they had in ACORN offices nationwide during other installments of the undercover video series, for a private interview in her office at ACORN’s facility in Philadelphia on July 24, 2009.  This is the first such suit filed against the filmmakers by an individual ACORN employee.

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Greg Knapp

Now Barney Frank and the Dems are for the Nuclear Option

by Greg Knapp

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Take a listen to Barney Frank saying “God didn’t invent the filibuster.”

Remember way back in 2003 when the Republicans were looking to rewrite the senate rules so the Dems couldn’t filibuster judicial nominees?

Partisan disagreement over judicial nominations is so intense that senators couldn’t even agree on the title of Mr. Cornyn’s hearing: “Judicial Nominations, Filibusters and the Constitution: When a majority is denied its right to consent.”"The title suggests that [the hearing] may be intended to turn up the heat rather than cool things down,” said Sen. Russell D. Feingold, Wisconsin Democrat, who warned that any effort to change Senate rules “will be met with stiff resistance.”As with the country’s actual nuclear arsenal, there is a form of mutually assured destruction here, too.The only thing holding Republicans back from breaking the filibuster this way is knowing that the same weapon will be used against them someday in the future when the roles are reversed. “The old bears in the Senate want to preserve their ability to filibuster the Democrats in the future,” said one key Senate aide, who also stressed that such a maneuver would only be used to break filibusters involving executive nominees.”If the Democrats take back the Senate — God forbid — the first 10 things they bring up will be anathema to us but they’ll say [forget] you, we have our 51 votes.”

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Publius

McCOTTER: Putting ‘Limited’ Back In Government

by Publius

From today’s Washington Times:

If your finances looked like the federal budget, you wouldn’t get elected. You’d get arrested. Under the Democrats’ iron-fisted, one-party rule of Washington, family budgets shrink and the federal budget bloats: The deficit, the debt and spending are at record levels; massive tax increases impend in the days ahead; and widespread unemployment persists and pains working families. Compounding this crisis, the Democrats’ spending spree imperils our national security by creating a “debt threat” whereby antagonistic nations to which we owe hundreds of billions of dollars practice economic statecraft against America to influence our foreign and domestic policies and/or actively undermine our strategic interests. In sum, government exacerbates rather than ameliorates the economic chaos around us.

is it 2012 yet?

Amidst the economic, social and political challenges of globalization, the injurious inequity of Democrats’ fiscal irresponsibility is not lost upon Americans. We know the government’s morally bankrupt boondoggle, committed with our hard-earned money, squanders our prosperity, weakens our security and constitutes an immoral usurpation of our liberty and sovereignty. (more…)

Paul A. Rahe

Free Speech Vindicated

by Paul A. Rahe

Towards the end of the post on Wednesday in which I attempted an assessment of George W. Bush’s two terms as President, I took Bush to task for betraying his oath of office and signing McCain Feingold — a bill restricting freedom of speech that he rightly regarded as unconstitutional.

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“It was,” I wrote,

President Bush’s hope and expectation that the Supreme Court would declare McCain-Feingold unconstitutional. Thanks to Citizens United v. Federal Election Commission, which is now before the Supreme Court, his hopes may — as Bradley A. Smith suggests in the current issue of National Affairs — soon be vindicated. But nothing can excuse Bush’s failure as President to do what he knew to be his constitutional duty and veto the bill.

What I did not know on Monday, when I drafted that post, was that the Supreme Court would issue its decision one day after the anniversary of Barack Obama’s inauguration. I merely argued as follows: (more…)

Robert Frommer

The Future of Campaign-Finance Laws: Citizens United is Just the Latest Battle in a Long-Running War

by Robert Frommer

The U.S. Supreme Court’s decision in Citizens United—holding that the government may not use campaign finance laws to silence the political speech of corporations—is the most significant First Amendment decision of the past decade.  In holding that “the First Amendment confirms the freedom to think for ourselves,” the Court made it clear that the Constitution “entrust[s] the people to judge what is true and what is false.”  Freedom of speech means that everyone, including corporations, has the right to participate in the “open marketplace of ideas” that is “an essential mechanism of democracy.”

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But while Citizens United marks a major victory for First Amendment rights against expansive campaign finance regulation, the war rages on.  Politicians worked to silence corporations because they have the resources to speak effectively.  Politicians feared if this speech criticized them, it could threaten the one thing they care about most:  re-election.

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Ron Nehring

Total Makeover: ACORN Edition

by Ron Nehring

Sometimes, the news coming out of Southern California is more entertaining than the movies coming out of Southern California.

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Last week the  37,000-member California state chapter of ACORN broke away from its national organization to form a new nonprofit group called the Alliance of Californians for Community Empowerment. Amy Schur, executive director of ACORN ACCE in California, says the decision was made because “the level of controversy had become a significant distraction for us.”

So let me get this straight. The California ACORN chapter, which includes the San Bernardino group that was featured in the ACORN videos providing advice for human smuggling and prostitution, and the San Diego chapter, that conducted what looked like the world’s biggest document dump just before the AG’s agents arrived, wants to split off from the national organization because they say the national group has problems.

If anything, the national group should split off from the California group and beat them to the punch.

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Andrew  Marcus

White House Spintacular: ‘Scott Brown Win Is A Referendum Against Bush Years’

by Andrew Marcus

The Chicago Tribune reassures its readers – White House: Mass. ‘messages heard’

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And what were those messages?

Axelrod said: “You know, I’ll let others assess responsibility. I think the main thing that we saw in Massachusetts was the same sense of concern on the part of middle class folks about the economic situation, about their wages being stagnant, about jobs being lost, about their economic security that’s been in jeopardy.

“And this is something that predated the big recession that we’re going through,” the president’s chief political advisor said. “And that’s something that we have to pay a great deal of attention to. It is the focus of this president’s attention at all times. And we have to convey that.”

Translation: Coakley lost because the people of Massachusetts share the same concerns as the President; They all hate Bush, even if they don’t know it.

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Barack Obama’s Land of the Mostly Free

by Brian Garst

Freedom took a hit in 2009.  One year into the Obama presidency and America is no longer classified as having a “free” economy, according to the 16th annual Index of Economic Freedom, a joint report by the The Heritage Foundation and The Wall Street Journal.  The land of the free and the home of the brave is now only “mostly free” for the first time in the report’s history.

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Now ranking as just the 8th freest nation in the world, the United States saw scores decline in seven of the 10 measured categories, including government spending, property rights and business freedom.  These results are significant because freer nations have proven more resilient and thus fared better during the current global recession.

The study also vindicates the Tea Party movement.  Despite the attacks lodged by the likes of Chris Mathews, racism and intolerance toward our nations first black President are not needed to explain the movement’s sudden emergence.  Rather, the loss of freedoms feared by Tea Party participants is real, and more than explains the anxiety so acutely expressed at rallies and townhalls throughout 2009.

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Kyle Olson

Field Marshal Andy Stern: ‘Dammit, I Said March Off That Cliff’

by Kyle Olson

Suddenly, all the condescending ‘tea-bagger’ jokes must not be quite so funny in liberal circles.  Serves them right.

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Losing the seat formerly held by the champion of socialized medicine – in the bluest of states – apparently hasn’t phased the radical left.  SEIU president Andy Stern put the blame on the fact that Democrats in Washington, DC, who the union spent tens of millions of dollars electing, haven’t done enough to pass the progressive agenda.  From a SEIU statement:

“The reason Ted Kennedy’s seat is no longer controlled by a Democrat is clear: Washington’s inability to deliver the change voters demanded in November 2008. Make no mistake, political paralysis resulted in electoral failure,” Stern said.

“During the past year, Republicans refused to do anything but stand in the way of change and Democratic Senators took too long to do too little. And tonight, the Senate bears the consequences for its failure to act decisively but the American people are the ones left paying the price…

“The Senate may have squandered the trust the American people gave to Washington in 2008. But now, every member of Congress and the Administration must act with a renewed sense of purpose to show working families whose side they are on and deliver meaningful change to every American. This is not the time for timidity. It starts by passing health insurance reform and giving Pat [DeJong] and millions of people like her the security and peace of mind they deserve.”

Massachusetts voters stood at the borders of their state – and the polling places – with virtual pitch forks telling politicians, to paraphrase Johnny Paycheck, “take this agenda and shove it.”

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Thomas Del Beccaro

Between Barack and A Hard Place – The Lesson of ’68 Looms for Democrats

by Thomas Del Beccaro

These may well be the times that try the souls of Democrat politicians.

In the year since Obama took the oath of office, the fortunes of the Democrat Party have changed substantially. Voters, especially Independent voters, now favor Republicans on many issues and in Rasmussen’s Generic Congressional Ballot by 9%. Entrenched Senate Democrats like Christopher Dodd and Byron Dorgan are retiring and now – in no small irony – in the election heard ‘round the world, Scott Brown, campaigning against ObamaCare was elected to “Kennedy’s seat.”

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It has been a remarkable turnaround – yet the worse is yet to come for Democrats in office.

Keep in mind that voters turned out the Republicans in 2006 and 2008 in large part because they spent too much, reformed too little and ran up the deficit into the $400 billion range. By the end of the Bush Presidency, economic troubles were mounting and the Republicans had no clear plan for a national recovery.

Today, the incidence of buyer’s remorse for voters over Barack is mounting for all the same reasons and more. Unemployment is at double digits, government reform has been abandoned in favor of unprecedented government spending and the deficit is in the $1.5 trillion range. All of that, with no meaningful recovery in site.

Beyond that, the President has his Party in the stickiest of wickets known to you as the Health Care debate. By allowing Pelosi and Company to write the bill, Obama lost control of the process and now public opposition to the bill is at an all time high.  Even so, the Democrat leadership still promises to push it – whether we like it or not.

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Publius

Thursday Open Thread: Hostage Edition

by Publius

Today, in 1981, the American hostages held by Iranian Revolutionaries were released.

70s iranian hostages

Ryan P. Dixon

Eyewitness: Scott Brown’s Victory Party

by Ryan P. Dixon

I want to start off by saying congratulations to Massachusetts new U.S. Senator Scott Brown.

Secondly, as I stated at the beginning of the campaign trail. Either way this election went, it was going to be an historic one. Coakley and the Democrats would have changed healthcare forever behind closed doors. Brown has a chance to stop Obamacare, and is the 41st vote that would be cast against the bill.

My four day trip to Massachusetts was a great one. I was proud to volunteer for Scott Brown, and I would do it again in a second. I met a lot of nice people along the way, and left with some lifetime friends. This campaign taught me that anything is possible, and anything can change in a second.
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Nick Gillespie

Three Reasons Why Obama and The Dems Are in Big, Big Trouble.

by Nick Gillespie

Over at Reason.com, my colleague Matt Welch and I list three basic reasons why the Dems are in big, big trouble. And one reason why they’re not:

Martha Coakley’s resounding defeat in the Massachusetts Senate race is hardly the sort of anniversary gift President Barack Obama could have predicted. Yet there it was, wrapped in a bow and plopped on his doorstep like a flaming bag of dog poo to mark the end of his first year in office.

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Among other things, Scott Brown’s upset victory means that Obama, who flew up to the Bay State to campaign for the deservedly doomed Coakley in the race’s twilight, is zero for three when it comes to high-profile two-minute drills for beloved causes (remember getting Chicago the Olympics and putting together a global carbon deal at the U.N climate conference in Copenhagen?).

There are at least three basic reasons, plain as the nose on your face, that the Democrats and Obama are in trouble for the near future:

1. Health care reform is not popular. An ABC News/Washington Post poll published on January 19 has 51 percent against current congressional plans and just 44 percent in favor, numbers that haven’t moved in a month. Other polls show even greater percentages oppose the plan, with all the trend lines over the past year working heavily against the Democrats.

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Andrew  Marcus

Republicans Win Their Seat At The Table – They Should Bring C-Span With Them

by Andrew Marcus

PREDICTION:

The Republicans are going to suddenly have that seat at the table, now that the Progressives can’t ram their agenda through unilaterally.

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Republicans should demand to bring C-SPAN with them to the table in a non-partisan effort to help the President fulfill his campaign promise.

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Transforming the U.S. Department of Labor to the Department of Organized Labor

by Rick Manning

In their first year in office, the Obama Administration has re-made the U.S. Department of Labor into the Department of Organized Labor, working hard to make certain that those who spent hundreds of millions of dollars to put them in office get a return on their investment.  While many dismiss the importance of the Department of Labor, virtually every person in America is directly touched by the rules and regulations that this federal bureaucracy creates and enforces, so changes at the top have real consequences for every working American.

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As we evaluate the impact of the past year on the nation’s workforce, it is worthwhile to remember the accomplishments of President Bush’s Secretary of Labor, Elaine L. Chao.

When Secretary Chao left office, workers were safer in their workplaces than at any time in history, the Labor Department was focused upon encouraging private sector job creation, and created an enforcement environment that successfully protected workers from employers who egregiously violated the law while providing the necessary education to limit inadvertent violations.

Secretary Chao put an emphasis on clarifying workplace regulations to make it easier for employers to know the rules of the game.  Her efforts led to overtime requirements being more clear-cut for employers while explicitly guaranteeing overtime protections for blue collar workers, police and fire fighters, EMTs, construction workers and others.

The Labor Department under Secretary Chao brought transparency to the spending of Big Labor through regulations which for the first time shined a light upon labor union expenditures.  These reports revealed the massive labor expenditures supporting ACORN’s efforts,and were used by LA Times reporter Paul Pringle in his Polk Award winning series that brought down the SEIU powerbrokers in the California SEIU.

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Jeffrey Scott Shapiro

America Betrayed President Bush

by Jeffrey Scott Shapiro

It’s almost hard to believe but Wednesday, January 20 marks exactly one year since President Bush left the White House.

During his last public ceremony as commander in chief, he was booed by thousands of Americans who simutaneously cheered for Barack Obama as he was sworn into office on the steps of the U.S. Capitol.

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Except for a June 17 speech in Erie, Pennsylvania in which Bush defended his policies and criticized Obama’s, the former president has been remarkably silent about his successor. He has not fired back at Obama despite the new administration inappropriately blaming Bush for all of their failures.

One year after taking office however, Obama has done a total reversal on his isolationist, non-interventionist foreign policy, and is now pushing President Bush’s neo-conservative philosophy as a justification for starting a new war in Afghanistan. What the Democratic Party once criticized as an over-simplified good vs. evil argument has become the cornerstone of Obama’s reasoning.

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Andrea Shea King and Dave Logan

GW Bush: Rock Solid Under Fire

by Andrea Shea King and Dave Logan

“I can hear you! I can hear you! The rest of the world hears you and the people who knocked these buildings down will hear all of us soon!”

When President George W. Bush spoke through a bullhorn to emergency rescue workers at Ground Zero just two days after 9/11, he put the world on notice: We are coming to get those who did this, and we will not stop until we do.

The attacks of September 11, 2001 underscored the gravity of threats posed by international terrorist organizations. Responding to the attacks, on October 7th President Bush declared a “war on terror” and identified Osama Bin Laden’s al-Qaeda network responsible. Within weeks, as opposed to our current Commander in Chief’s dithering for months, a US-led coalition launched air-strikes against targets in Afghanistan, where Bin Laden was believed to be sheltered by the Taliban regime.

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Bob Parks

It’s The Center, Sucka

by Bob Parks

With the upset victory (understatement of the day) in Massachusetts of Republican Scott Brown over shoo-in Democrat Attorney General Martha Coakley, the pundit establishment will be giving their political pals a tip: move to the center, and I really hope my Bay State brethren don’t let their guard down.

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As someone who ran for State Representative (12th Franklin District) in 2008 and for Massachusetts Republican Party chair in 2006, I know how Democrats think.

While enjoying an 87% super majority on Beacon Hill, Massachusetts Democrats weren’t satisfied. They had their feet on our necks and their mission was to squeeze the life out of us. Thanks to Brown’s victory last night, Democrats nationally know that their lifeclocks are ticking and are now trying to figure out what to do about it.

Their immediate goal will be to put on a front of being moderate and you’ll hear the phrase “move to the center” more than you can stomach over the coming months. Democrats will attempt to make the America people believe they get it and will slow their arrogant leftward lurch.

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Doug O'Brien

Bush Administration Saw the Market as Key to Health Reform

by Doug O'Brien

Judging by their unprecedented use of the word “unprecedented” to describe everything the Obama administration has done it appears that they truly think they have fundamentally changed the national landscape in one short year.

article-1135603-034A1057000005DC-377_468x286Of course, those outside the delusional bubble of the White House know that the only truly unprecedented thing this administration has done is to destroy its own popularity faster than any other modern president, primarily thanks to its ham-handed push for a left-of-center realignment of the nation.

Nowhere is this more apparent than in the titanic health care “reform” struggle.  The administration cannot seem to grasp the reality or the reasons for the public’s rejection of Obamacare.  The White House is correct that Americans want to reform health care and make it more affordable, accessible and understandable.  But the people know intuitively that a government takeover, or just a much bigger government role, won’t achieve those goals.

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