Now there's another possibility. The government may screen what voters see and hear. The Kerry campaign has asked the Federal Election Commission (FEC) to ban the Swift Boat ads; the Bush campaign similarly wants the FEC to suppress the pro-Democrat 527 groups. We've arrived at this juncture because it's logically impossible both to honor the First Amendment and to regulate campaign finance effectively. We can do one or the other -- but not both. Unfortunately, Congress and the Supreme Court won't admit the choice. The result is the worst of both worlds. We gut the First Amendment and don't effectively regulate campaign finance.
The First Amendment says that Congress "shall make no law . . . abridging the freedom of speech, or . . . the right of the people peaceably to assemble, and to petition the Government" (that's "political association"). The campaign finance laws, the latest being McCain-Feingold, blatantly violate these prohibitions. The Supreme Court has tried to evade the contradiction. It has allowed limits on federal campaign contributions. It justifies the limits as preventing "corruption" or "the appearance of corruption." But the court has rejected limits on overall campaign spending by candidates, parties or groups. Limiting spending, the court says, would violate free speech. Spending enables candidates to reach voters through TV and other media.
2. So much for the Olympic spirit
Is Baron de Coubertin birling in his grave? The founder of the modern Olympic Games, he was a high-minded man, dedicated to instilling a sense of nobility of purpose into young people. The baron saw athletic competition as a means of encouraging participants to become the best they could be – not by winning at any cost, but from taking part.
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