Just when you thought it was safe to start expressing your right to free speech, Democrats in Congress are gearing up for a vote on a new piece of legislation to blatantly undermine the First Amendment. Known as the DISCLOSE Act (HR 5175), this bill – written by the head of the Democrats’ congressional campaign committee – is their response to the recent Supreme Court ruling in Citizens United v. Federal Election Commission. In short, the Supreme Court found that the government could not restrict the free speech rights of individuals or other entities wishing to participate in the political dialogue.

It is hard to see how establishing a level playing field for free speech – as our Founding Fathers did by making it a right under the Constitution and which the Supreme Court upheld – is a threat to our democracy. Nevertheless, the White House and their allies on Capitol Hill see honest criticism as a threat to forcing their big government, liberal agenda through Congress. So, there is no time like the present – namely five months before an election – to start putting the muzzle on those individuals and organizations not sticking to the Democrats’ talking points.

Under the DISCLOSE Act, certain incorporated entities would be restricted in how they can exercise their free speech rights. There is an exemption for some in the media sphere like newspapers, TV news, and the like. However, there is one driving force in today’s public debate that is NOT exempt. Bloggers will not have the same exemption provided to other media sources. Never mind that the Supreme Court’s opinion in the Citizens United case stated, “Differential treatment of media corporations and other corporations cannot be squared with the First Amendment.”

For many bloggers to exercise their free speech rights, they would have to jump through the same onerous new hoops as many businesses, nonprofit groups, and even such threats to democracy as your local chamber of commerce. If this sounds like an absurd overreach by one party in power, I invite you to take a look at their government takeover of health care, taxpayer-funded bailouts, and general hostility to private sector economic growth.

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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.”

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…)

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.”

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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