My goodness, an old-fashioned free speech liberal....

2010-01-23T16:20:38.584-06:00

My goodness, an old-fashioned free speech liberal. I didn't think they existed anymore. (And that's meant as a compliment. Really. If the liberals hadn't abandoned free speech starting in the '80s, I might have remained one.)

More speech, including electioneering speech, is n...

2010-01-23T08:20:27.588-06:00

More speech, including electioneering speech, is not always better. And you agree:

Can you threaten a woman on free speech grounds? No.

Yell "fire"? No.

Libel you as a serial murderer? No.

A UW-Madison law prof once told me he could name two situations where I would agree speech should not be free for every one that I could name where it should be free. He's right.

As Justice Stevens writes in dissent:

"The real issue in this case concerns how, not if, the appellant may finance its electioneering. ..."

Neither Citizens United’s nor any other corporation’s speech has been 'banned,' ... . All that the parties dispute is whether Citizens United had a right to use the funds in its general treasury to pay for broadcasts during the 30-day period. The notion that the First Amendment dictates an affirmative answer to that question is, in my judgment, profoundly misguided. Even more misguided is the notion that the Court must rewrite the law relating to campaign expenditures. ..."

Comments on Crawford's Take: Why the Roberts Decision Yesterday Was Correct (ev...

My goodness, an old-fashioned free speech liberal....

More speech, including electioneering speech, is n...