People’s Rights Amendment

Leftist hypocrisy on free speech and government surveillance

One truth about politics: when those who have taken up one side of an issue are forced to accept and defend that same issue, should it suit their needs to do so, the acknowledgement of their previous criticism will be generally non-existent.

Take the histrionics surrounding 2010’s Citizens United decision — “Corporations aren’t people! They shouldn’t have First Amendment rights! Elections will be bought and sold by evil dark money special interest groups! Those with the most cash will always win!”

Forgetting for a moment that Barack Obama managed to get re-elected despite the impressive amount of money that was raised to support Mitt Romney via super PACs that were not associated with his actual campaign, this idea that corporations — really just groups of people — shouldn’t retain First Amendment speech rights is proving quite the interesting conundrum for those who both HATED the Citizens United decision but now find themselves DESPISING that National Security Agency’s (NSA) peek under the hood at millions of lines of metadata on American citizens’ phone records.

Because corporations such as the American Civil Liberties Union (ACLU) and Google are taking the uncomfortable action of invoking their First Amendment speech rights to file suit, in the case of the former, and in requesting the release of records showing exactly how persistent the government was in insisting that the search giant provide them private information on American citizens.

Michael Turk wrote a terrific blog post detailing a similarly terrific piece on the ACLU v. Clapper case by Wendy Kaminer at The Atlantic at his blog, Kung Fu Quip:

House Democrats launch attack on free speech

Seeking to undo the Supreme Court’s decision in Citizens United, ex-House Speaker Nancy Pelosi and other House Democrats are pushing an amendment to the Constitution that would take away First Amendment protections for corporations and unions:

House Minority Leader Nancy Pelosi on Thursday endorsed a movement announced by other congressional Democrats on Wednesday to ratify an amendment to the U.S. Constitution that would allow Congress to regulate political speech when it is engaged in by corporations as opposed to individuals.

The First Amendment says in part: “Congress shall make no law … abridging the freedom of speech, or of the press…”

Television and radio networks, newspapers, publishing houses, movie studios and think tanks, as well as political action committees, are usually organized as, or elements of, corporations.

Pelosi said the Democrats’ effort to amend the Constitution is part of a three-pronged strategy that also includes promoting the DISCLOSE Act, which would increase disclosure requirements for organizations running political ads, and “reducing the role of money in campaigns” (which some Democrats have said can be done through taxpayer funding of campaigns).

The constitutional amendment the Democrats seek would reverse the Supreme Court’s 2010 decision in Citizens United v. Federal Election Commission. In that decision the court said that the First Amendment protects a right of free speech for corporations as well as for individuals, and that corporations (including those that produce newspapers, films and books) have a right to speak about politicians and their records just as individuals do.


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