Saturday, February 23, 2008

McCain-Feingold Opinion in the Los Angeles Times

Nice opinion piece.

Last but not least—and here we get to the real nub of campaign-finance regulation—McCain-Feingold supporters promised that the bill would curb the scourge of "negative" and "dirty" advertising. "It is about slowing political advertising," Ms. Cantwell said during the debate. "Making sure the flow of negative ads by outside interest groups does not continue to permeate the airwaves."

Of course, curbing and "slowing" speech critical of politicians by "outside interest groups" (a.k.a. "citizens") is in no way a permissible goal under the First Amendment. But, ultimately, the politicians may have failed in this most nefarious goal. And it's not just the Swift Boat Veterans for Truth who showed the way around it.

While the Supreme Court has so far upheld the patently anti-Constitutional ban on advertising by citizens' groups 30 days before a primary and 60 days before a general election, the rise of Internet politics may eventually supercede this atrocity. Witness the anti-Hillary Clinton "1984" ad that caused such a stir on YouTube just last week. Such ads, cheaper than dirt (it costs money to distribute dirt, YouTube's free), will only be more important with every election cycle.

For this reason, look for Congress to start taking an interest in "unregulated" Internet speech any day now. Money has never been the issue. Cleansing our speech of impure thoughts about politicians is the real agenda.

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