Mon. Jan. 23, 2012:
The other day, Supreme Court Justice Antonin Scalia -- part of the 5-4 majority in the controversial 2010 Citizens United decision -- was asked if he had any regrets, given the resulting millions of dollars spent by Super Pacs on a tsunami of negative ads, in both the current Republican primary presidential campaigns of New Hampshire & South Carolina. And all in the name of "free speech."
No regrets, Scalia replied. "If you don't like all these ads, just change the channel." And if any further remedy is needed, turn to legislatures for new solutions. The 1st Amendment protects these Super Pac advertisements, he maintains, even if we don't like their anonymity, their content, their wealthy & sometimes corporate sources, or their virtual monopoly of air time reserved for radio & TV commercials.
One problem with this answer is that wealthy & anonymous donors are drowning out all other "speech."
In practice, "free speech" is now applying just to the loudest, wealthiest shouters. Conservative president Richard Nixon used to praise the "silent majority"; but is the "silent majority's" recourse reduced to casting their ballots on election day, without the benefit of competing ideas from the softer, less wealthy, identifiable voices?
And: Is it not within the purview of our High Court to guard all free speech, including that of individuals who cannot afford to shout as loudly or as often as the privileged few? Why does this fairly obvious insight need to be left to legislatures -- especially if the wealthy control legislatures too?
It is difficult to avoid the conclusion that the 2010 Citizens United ruling was a perfect example of the "judicial activism" that conservatives have been complaining about during the earlier more liberal Warren Court years. Do Chief Justice Roberts & his four conservative colleagues really want history to rank them this much lower than the universally admired standard set by Justice Oliver Wendell Holmes?
Scalia doesn't watch TV. Probably doesn't vote either. Just sits on his butt and smokes ceegars.
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