Julian Sanchez | November 1, 2004
Aren't you glad that Campaign Finance reform has finally gotten all that pernicious money out of politics? Oh, what's that? It hasn't worked at all? Well, maybe our wise representatives will realize the error and repeal the ill-considered reforms. Or maybe they'll try to finally close that pesky First Amendment loophole. (Hat tip: Kevin Drum.)
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M/F Established that the first amendment provides no protection of speech. Congress can regulate whatever it wants. Now it's just a matter of the money finding the loopholes in the regulation. Congress will no doubt go on trying to close the loopholes. And threats to the establishment will become less threatening.
This passes First Amendment muster, the Court explained, because the justices were not "persuaded...that the First Amendment erects a rigid barrier between express advocacy and so-called issue advocacy.
What a great legal concept this is! We can outlaw hunting rifles
because we can outlaw assault rifles and the Second Amendment
doesn't erect a rigid barrier between sporting gear and assault
rifles! Police can search the trunk of your car on a routine
traffic stop because they can search the passenger compartment and
the Fourth Amendment doesn't distinguish between the passenger
compartment and the trunk!
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