Hillary: The Movie

The Supreme Court is soon to hear a case that may drastically roll back campaign finance regulation in the United States:

The case involves “Hillary: The Movie,” a mix of advocacy journalism and political commentary that is a relentlessly negative look at Mrs. Clinton’s character and career. The documentary was made by a conservative advocacy group called Citizens United, which lost a lawsuit against the Federal Election Commission seeking permission to distribute it on a video-on-demand service. The film is available on the Internet and on DVD. The issue was that the McCain-Feingold law bans corporate money being used for electioneering.

The right position for the Court is that McCain-Feingold, and all other campaign finance regulation, constitutes unconstitutional limitation on free speech. This means reversing the Court’s 1974 Buckley v. Valeo decision, which held that government limits on campaign spending were unconstitutional but limits on contributions were not.

This distinction is meaningless. If it is OK for a millionaire to spend his own money promoting his own campaign, why can he not give that money to someone else, who might be a more effective advocate for that millionaire’s views, so that this other person can run for office?

More broadly, campaign finance regulation is thought control: it takes a position on whether money should influence political outcomes. Whether or not one agrees, this is only one possible view, and freedom of speech is meant to prevent government from promoting or discouraging particular points of view.

It would be a brave step for Court to reverse Buckley, but it is the right thing to do.

For more background on the case, watch this:

C/P Libertarianism, from A to Z

Jeffrey A. Miron • August 31, 2009 @ 6:24 pm
Filed under: Law and Civil Liberties

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Friday Links

Chris Moody • August 28, 2009 @ 4:09 pm
Filed under: Cato Publications; General

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Federal University

There is no official word on this yet, but according to Inside Higher Ed the Obama Administration is putting the finishing touches on a proposed “National Skills College” that will include federally designed — and owned — courses:

The funds envisioned for open courses — $50 million a year — may be small in comparison to the other ideas being discussed. But in proposing that the federal government pay for (and own) courses that would be free for all, as well as setting up a system to assess learning in those courses, and creating a “National Skills College” to coordinate these efforts, the plan could be significant far beyond its dollars.

Darn right it could be significant! Washington would for all intents and purposes be on the way to creating a federal university, and not one like the service academies that is constitutionally justifiable under federal defense powers. No, this one would be completely and utterly unconstitutional, and would unfairly compete with lots effective private — including for-profit – institutions. And, of course, there’s the little matter of how this would be paid for.

I’ll have more on this as details become available.

Neal McCluskey • June 29, 2009 @ 10:58 am
Filed under: Education and Child Policy; Tax and Budget Policy

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