Unless you’ve been under a rock, and you follow politics, then you are aware of the dust up surrounding the recent U.S. Supreme Court CITIZENS UNITED, APPELLANT v. FEDERAL ELECTION COMMISSION decision. It comes complete with President Obama chastising the Justices during his State of the Union, and Justice Alito’s equally firm “Not True”.
Anyways, its causing a big stink on the left right now, pretty much being pushed as an example of what happens when you get a conservative majority on the court and why its important to get the true judicial activists back in charge.
But what caught my eye the most in the dissent, written by Justice Stevens, was this bit of “logic”…
“If taken seriously, our colleagues’ assumption that the identity of a speaker has no relevance to the Government’s ability to regulate political speech would lead to some remarkable conclusions. Such an assumption would have accorded the propaganda broadcasts to our troops by “Tokyo Rose” during World War II the same protection as speech by Allied commanders. More pertinently, it would appear to afford the same protection to multinational corporations controlled by foreigners as to individual Americans: To do otherwise, after all, could ” ‘enhance the relative voice’ ” of some ( i.e., humans) over others ( i.e. , nonhumans). Ante, at 33 (quoting Buckley, 424 U. S., at 49). Under the majority’s view, I suppose it may be a First Amendment problem that corporations are not permitted to vote, given that voting is, among other things, a form of speech.”
Really? If logic has ever been tortured, it has been now, and therefore I must assume that Justice Stevens supports torture. Or something.
Still, its an interesting argument… on the surface anyways. Dig a little deeper and it is not so analogous.
Tokyo Rose was providing aid to the enemy during a time of war, easily an act of treason by trying to sabotage the war effort by attempting to demoralize soldiers and sailors. While I understand that the counter-argument is that now “foreign” companies can give money to campaigns after the ruling (ChinaGate being a better example), the particular act of Tokyo Rose is more of a non-sequitur in this instance…
I wonder if Justice Stevens is aware that Article 88 of the UCMJ would prevent the general officers in his example from saying anything contemptuous concerning the President, the Vice President and the Secretary of Defense, or the Governor of Texas, just to name a few. (Link to Article 88 of the UCMJ here: CLICK!), even contemptuous political speech. Free speech is not exactly “free” in the military. While I know that it isn’t readily enforced (as I’ve heard many times military members disparage Clinton, Bush and Obama during a heated political debate in the office and no one thinks to turn anyone in), it has been before when such speech was made public and by high profile individuals… such as generals..
Another problem I find with his argument is that of “voting” as a matter of “speech”. Why would we need the 15th and 19th amendments if people, regardless of the race or sex, have the freedom of speech, through voting, in the 1st!
Now, I know I’m not an expert in constitutional jurisprudence, nor do I claim to be an expert in platonic logic. However, I have read a book once or twice (Run Dick Run and a Star Wars : A Phantom Menace [LARGE PRINT EDITION} if you must know) in my life, and the Justice’s argument has a hole in the side of it caused by quite a massive iceberg methinks.