Victory For Freer&" Speech

The Supreme Court issued a 5-to-4 decision taking a major bite out of the McCain-Feingold campaign finance law. We are still analyzing the ruling but it appears as though the high court stuck down the 30/60 day “blackout” period during which grassroots groups were prohibited from airing issue advocacy ads.

In the majority’s opinion Chief Justice John Roberts wrote “Discussion of issues cannot be suppressed simply because the issues also may be pertinent in an election. Where the First Amendment is implicated the tie goes to the speaker not the censor.”

Wisconsin Right to Life filed suit in 2004 when it was prohibited from running ads just before the election asking citizens to contact Wisconsin’s Senators Feingold and Kohl in opposition to the filibusters of President Bush’s judicial nominees. The ads were rejected by broadcasters because Senator Feingold was up for reelection.

It’s worth noting that the court’s four conservative members – Justices Roberts Scalia Thomas and Alito -- plus moderate Anthony Kennedy sided with the free speech rights of grassroots organizations while the court’s liberal bloc – Stevens Souter Ginsburg and Breyer – voted for more government regulation of speech and advertising. That’s an interesting dynamic given the current liberal push in Congress to regulate the content of talk radio.

What is behind the liberal impulse to control the discourse of public debate? Perhaps it is the fact that the Left has struggled to find broad support for its agenda in the public square but has had more success in the courts – the most undemocratic method of changing public policy. After all it was the judiciary that legalized abortion-on-demand that banned prayer in our schools and that foisted same-sex “marriage” on the people of Massachusetts.

It seems that the liberal champions of “tolerance” have a problem with free speech and expression when they can’t win the debate!

Let me be even clearer friends: This victory today wouldn’t have been possible without the nomination and confirmation of conservative judicial nominees. Thankfully our support for Justices Roberts and Alito has been validated so far and thanks to this decision American Values will be free in the future to run ads in support of conservative judges and the values we cherish.