April 27, 2007
Justices on McCain-Feingold

From the AP, Supreme Court eyes McCain-Feingold limits on ads.

The case before the court Wednesday involved advertisements that Wisconsin Right to Life, an anti-abortion group, was prevented from broadcasting during the 2004 campaign. The ads asked voters to contact the state's two senators, Democrats Russ Feingold (news, bio, voting record) and Herb Kohl, and urge them not to filibuster President Bush's judicial nominees.

Three interesting, perhaps telling, remarks:

Sam Alito (questioning defense): "What do you make of the fact that there are so many advocacy groups that say this is really impractical?"

Antonin Scalia: "This is the First Amendment," Scalia said. "We don't make people guess whether their speech is going to be allowed by Big Brother or not."

John Roberts: asked whether the burden should be "on the challenger to prove that they're allowed to speak, as opposed to the government to prove — to carry the burden that they can censor the speech?"

Posted by Edward J. Lopez at 12:16 PM in Law

The statesman who should attempt to direct private people in what manner they ought to employ their capitals would not only load himself with a most unnecessary attention, but assume an authority which could safely be trusted, not only to no single person, but to no council or senate whatever, and which would nowhere be so dangerous as in the hands of a man who had folly and presumption enough to fancy himself fit to exercise it. -Adam Smith

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