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Meet Jim McGovern (D, MA-03): anti-First Amendment.

Let us walk through the tortured rationalizations of one Jim McGovern (D, MA-03). To make this easy, it will be labeled in stages.

Stage One: The Big Oops. Last night at a debate Rep. McGovern proposed the theory that the Constitution – specifically, the First Amendment; more specifically, the part that goes “Congress shall make no law… abridging the freedom of speech”

We have a lousy Supreme Court decision that has opened the floodgates, and so we have to deal within the realm of constitutionality. And a lot of the campaign finance bills that we have passed have been declared unconstitutional by the Supreme Court. I think the Constitution is wrong. I don’t think that money is the same thing as human beings.

He’s referring to the Citizen’s United case, in which the USSC ruled that key portions of McCain-Feingold (a law designed to abridge the freedom of speech) were in fact unconstitutional. Now, as Jim Geraghty noted, this opinion at least has the novelty of honesty: at least McGovern wasn’t trying to insult our collective intelligence by pretending that it’s Constitutional to regulate political speech. He just hates the idea; that makes McGovern kind of twisted up and nasty inside, but not an actual idiot.

Stage Two: The Reflexive Denial. Alas for McGovern, somebody was paying attention to his comments; double alas, he got asked about them. Triple alas, McGovern forgot the First Law of the Age of Scrutiny (“Somebody has a camera”) and reportedly denied saying that he called the Constitution wrong. So Stacy McCain – who happened to be there, as part of his Massachusetts trip – did a quick interview with the person who called out McGovern:

Oops. So let’s go to…

Stage Three: The Non-Apology… Non-Apology. McGovern, having realized that a: he said something unfortunate and b: he later denied doing so, has now put up a press release blaming all of this on the ‘silly season.’ I’d link to his full press release, but McGovern spent so much time whining about his opponent’s record that he completely forgot to give even a pro-forma apology for the statement-and-denial, so back to Jim Geraghty for the relevant bits:

Last night, I had a slip of the tongue. While answering a question about the awful Supreme Court campaign finance decision, I used the word “Constitution” rather than “Court Decision.” Everyone in the room recognized it as a slip of the tongue, but it’s silly season, and my opponent is now cheaply capitalizing on the error in a bid to try to change the subject from his blatant flip-flopping on major issues.

The top three things wrong with that statement:

  1. It’s not ‘silly season:’ it’s the last days of the campaign. If you’re going to start blathering on about how the Constitution is wrong on something, expect a reaction.
  2. Everyone in the room did not recognize it as a slip of the tongue: you were confronted by at least one person on what you said. Out of curiosity, are you diminishing her presence there because she was African-American, or because she’s a woman, or both? – Question withdrawn.
  3. ‘Cheaply’ capitalizing? If you can’t speak English coherently, Rep. McGovern – and bear in mind that your inability to master English is apparently your main defense – then don’t be heartbroken when your opponent promptly brings your deficiency up.

Conclusions?

Vote Marty Lamb for Congress, of course. Consider the alternative.

Moe Lane (crosspost)

COMMENTS

  • swami7774

    …”Fidel” McGovern.
    ’nuff said.

  • irishfreedomfighter

    on this race? I’d love for it to be at least somewhat competitive.

  • 1stRichard

    The 5-4 vote left intact limits on corporate gifts to individual candidates but ruled that corporations may spend as much as they wish to support or oppose candidates. The far left is calling this a crisis of biblical proportions. They are claiming this means that corporations like WalMart, Exxon, General Motors, and General Electric are now free to spend whatever money they want as freely as they want. All these pro capitalism free market corporations that provide jobs would have a voice and it will be a catastrophic they say. From the start, this was a legislative hack job on the Constitution as it abridged speech. I think Madison correctly argued it should be tolerated because the only way of determining such is by free examination and free communication among the people thereon. This is the foundation of our freedom, free and open debate, to stifle such is unconstitutional, un-American, a horrible decision, dangerous and erodes individual freedom. This is the most dangerous of slippery slopes to step on when we start to abridged speech. There may be some that think hate speech or burning the flag should be made illegal and controlled by the government, this is wrong. However precious or distasteful an opinion may seem, we depend for its correction not on the conscience of judges and juries but on the comparison of other ideas. Every part of this inalienable liberty belongs to ?We the People? and especially political speech must not be abridged in any way. It is up to us to decide

    Writing in dissent, Justice John Paul Stevens said the majority “threatens to undermine the integrity of elected institutions across the nation.” But Justice Anthony Kennedy, writing for the majority, called the McCain-Feinberg’s restrictions “censorship … vast in its reach.” “By suppressing the speech of manifold corporations, both for-profit and nonprofit, the Government prevents their voices and viewpoints from reaching the public and advising voters on which persons or entities are hostile to their interests,” Kennedy wrote. “Any other course of decision would prolong the substantial nationwide chilling effect caused by [the law's] prohibitions on corporate expenditures,” Kennedy wrote. Kennedy said a broad approach required the court to tackle the validity of Austin v. Michigan Chamber of Commerce, a 1990 Supreme Court decision to uphold a Michigan campaign-finance law. The majority said the court should return to pre-Austin precedents that rejected restrictions on corporate political speech. “The purpose and effect of [McCain-Feingold] is to prevent corporations, including small and nonprofit corporations, from presenting both facts and opinions to the public,” Kennedy wrote. “When Government seeks to use its full power, including the criminal law, to command where a person may get his or her information or what distrusted source he or she may not hear, it uses censorship to control thought. This is unlawful. The First Amendment confirms the freedom to think for ourselves.” Justice Stevens, in his dissent, said nothing was being “banned,” and the argument was simply over “whether Citizens United had a right to use the funds in its general treasury to pay for broadcasts during the 30-day period.” He said corporations and individual speakers need not be treated equally, and the majority’s refusal to draw a distinction “blazes through our precedents.” He strongly disagreed with the court’s decision to overrule Austin and parts of McConnell v. FEC, which relied on Austin. “Our colleagues’ suggestion that ‘we are asked to reconsider Austin and, in effect, McConnell’ would be more accurate if rephrased to state that ‘we have asked ourselves’ to reconsider those cases,” Stevens wrote. He feared such a path would “do damage to this institution.” Justices Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor joined Stevens in dissent.

    Citizens United, a conservative nonprofit, filed suit after it was blocked from airing its scathing political film, “Hillary: The Movie,” on pay-per-view television before the 2008 primary elections. The group said the decision by the Federal Election Commission violated its free-speech rights. The movie features various pundits discussing Clinton’s bid for the presidency. Last year, a federal court in Washington, D.C., deemed the film corporate electioneering, saying it was “susceptible of no other interpretation than to inform the electorate that Senator Clinton is unfit for office, that the United States would be a dangerous place in a President Hillary Clinton world, and that viewers should vote against her.” The high court convened early to hear the closely watched First Amendment case, which had the potential to upend campaign-finance laws in 26 states. The Bipartisan Campaign Reform Act of 2002, known as the McCain-Feingold law for its sponsors, bars companies from airing “any broadcast, cable or satellite communications” that refers to a candidate for federal office within 30 days of a primary or caucus or 60 days of a general election. Citizens United urged the justices to decide the case on narrower grounds, arguing that “Hillary: The Movie” doesn’t qualify as “electioneering communication” under campaign-finance law and that video-on-demand doesn’t constitute a commercial broadcast. But the Supreme Court said its ruling had to be broad, because a narrow decision would chill political speech.

  • student

    Thinking the Constitution is wrong is par for the course for Democrats. That is why Democrat judges feel free to invent rights in the Constitution on topics the Constitution never mentions and feel free to subvert the plain language of the Constitution willy nilly. That is why we recently had Democratic legislators commenting that the Constitution does not limit what laws they can pass. This is why we need a Tea Party, why we need legislators committed to limited government and personally why we need a Constitutional Convention in order to reinstate the 10th amendment, reduce the commerce clause back to its original meaning and get the government out of our pockets and off our backs. End the micromanagement of the population by the politicians.

  • http://www.campaignfreedom.org seandparnell

    I deal with these anti-First Amendment hysterics all the time, and they almost never will concede that the Constitution includes the right t spend money supporting candidates and causes of their choice, instead arguing that the Supreme Court got it wrong. I’d be surprised to find that McGovern actually believes the First Amendment covers money spent to promote political views, and he wishes it didn’t.

    But what he probably meant to say is just as bad, not to mention inaccurate. The Supreme Court has never said “money is speech,” that’s simply the fevered imagination of so-called campaign finance “reformers” who don’t want to address what the Court actually said, which is that money is almost always required in order to enable and promote speech, and therefore limiting money contributed or expended is, in fact, a restraint on the First Amendment.

    The Court obviously got this right – just ask yourself whether a free press could function if the government could limit how much money any newspaper could spend on ink or reporters’ salaries, or if freedom of worship could be maintained if it were illegal to pay pastors or collect funds from parishioners?

    Because the “reformers,” like McGovern, really don’t want to have to defend their position because it’s largely indefensible, they instead insist that there is no right to spend money in politics and mischaracterize the Supreme Court’s ruling by saying that they ruled that “money is speech.”

    So, McGovern probably did misspeak, but what he meant to say was just as bad.

    Sean Parnell
    President
    Center for Competitive Politics
    http://www.campaignfreedom.org
    http://www.twitter.com/seanparnellccp

  • lgbpop

    Absolitely mind-boggling. I left Worcester 15 years ago and it hasn’t changed a bit. The Third could really use another Peter Blute. Pity you didn’t appreciate him back in ’96.