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U.S. Supreme Court hears third
McCain-Feingold challengeWednesday, February 04, 2009
By Benjamin Barr
This term, the U.S. Supreme Court will hear a third challenge to portions of the now infamous McCain-Feingold law. Banning certain types of political speech 60 and 90 days before elections, the Bipartisan Campaign Reform Act (BCRA), routinely deprives citizens of their most precious liberties--the ability to speak their mind and listen to controversial advertisements. Recognizing that the law often infringes on these constitutional liberties, the Court has twice stricken provisions of it as unconstitutional.
In this case, Citizens United hoped to distribute a documentary film critical of Hillary Clinton during the 2008 primary election season. However, the BCRA provides for blackout periods during this time, which prohibited the movie from being distributed through Video on Demand.
Quintessentially paternalistic, supporters of BCRA believe that average citizens should be protected from certain ideas-like those criticizing political figures-that are too dangerous to hear.
Of course, the First Amendment has something else to say about the free flow of ideas. Citizens can only recognize their best interests when they elect to become well informed. That happens by opening, not closing, channels of communication. Keeping the public ignorant of political controversies does nothing to further the vigorous competition for truth in our marketplace of ideas.
Having failed twice before the Court, we can only hope that the Court once again recognizes its duty to uphold the free flow of ideas rather than embrace the cold comfort of government censorship.
Learn more:
Goldwater Institute: Amicus Brief-Citizens United v. Federal Election Commission
Goldwater Institute: Americans' right to organize and speak about politics needs renewed protection
James Madison Center for Free Speech: Citizens United Appeals Case About Hillary: The Movie to U.S. Supreme Court
Hillary: The MovieBenjamin Barr As a former constitutional policy analyst, Benjamin Barr researched and analyzed issues of federalism and the constitutional rule of law, including property rights, regulation, and campaign finance. Barr has experience as a litigator before the federal courts and as a legal counselor to the Illinois judiciary.
As an associate with Bopp, Coleson & Bostrom, Barr challenged several unconstitutional campaign finance reform measures throughout the United States and assisted in the advancement of three election law cases before the U.S. Supreme Court. As a staff attorney, Barr advised the Illinois judiciary on matters of constitutional import, complex litigation, and criminal law. Barr worked closely with several judges on legal issues of first impression in Illinois.
Barr graduated from the University of Wyoming with dual degrees in German and political science. He also studied abroad at the University of Oldenburg, Germany. Barr received his law degree from the Chicago-Kent College of Law where he served on the Moot Court Honor Society and the Journal of Intellectual Property.
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