Anti-Sedition Act At Risk on New Supreme Court

Via Committee for Justice, the Wall Street Journal reports (sub. required; the article is however reprinted in whole at the Committee for Justice link) Bush Picks May Tip Court Against McCain-Feingold. This is reason to go on living if you like the First Amendment at all. Says the Journal:

Campaign-finance cases have revealed a philosophical split on the court, with more conservative justices, such as Antonin Scalia, considering political expenditures the functional equivalent of speech, and thus beyond state restriction. More liberal justices, such as Stephen Breyer, have viewed such regulations as lawful means to fight political corruption and keep moneyed interests from drowning out other voices.

One of the political cases challenges a provision of the McCain-Feingold law that prohibits corporations from direct expenditures on electioneering within 60 days of an election. The case involves one of the act’s authors, Sen. Russell Feingold (D., Wis.), who, while seeking re-election last year, was targeted by Wisconsin Right to Life with ads about his position on President Bush’s judicial nominees.

Rick Hasen, an election-law expert at Loyola Law School in Los Angeles, says a second Bush appointee could shift the court’s balance on McCain-Feingold. Republican appointees, he says, have been “much less willing to uphold campaign-finance laws and willing to find more laws that violate the First Amendment.”

God bless the honorable court that overturns this dishonorable, cynical legislation.