When the Bipartisan Campaign Reform Act (BCRA) was signed recently, libertarians and some conservatives complained that it violated the First Amendment. Nevertheless, the Supreme Court upheld its constitutionality. Erik Jaffe explains here why that decision was wrong, and he concludes that “[g]one is the quaint notion of a ‘free’ marketplace of ideas and the commitment to the principle that more speech is the answer to speech that may trouble us. In their place has arisen a new theory of political speech dedicated to regulating and equalizing the ability of individuals to use speech to influence elections.”
It has happened. The John and Ken radio show in Los Angeles has had a criminal complaint filed against them for urging people to vote against a Congressman.
Now, you may disagree with what John and Ken are doing—you may disagree with their views regarding illegal immigration. But their campaign against David Dreier represents the best traditions of American democracy: people who believe something going on the radio and urging listeners to vote a particular way. But according to Congressman David Dreier, their doing so constitutes an “in-kind contribution” to his opponent, and thus a violation of federal election laws. Again, let’s be absolutely clear about what is happening: a current member of Congress is filing a criminal complaint against people who go on the radio to urge listeners to vote a particular way.
I quote from the First Amendment to the Constitution: “Congress shall make no law...abridging the freedom of speech....”
Update: From the LA Times:
Stung by a radio campaign to oust veteran Rep. David Dreier, the National Republican Congressional Committee has filed a federal elections complaint. It contends that an ongoing campaign by a pair of radio talk-show hosts represents an illegal contribution to Dreier’s opponent.Dreier (R-San Dimas) has been taking a beating at the hands of radio hosts John Kobylt and Ken Chiampou of KFI-AM (640) radio in Los Angeles. They have launched an on-air campaign to oust the 24-year veteran for what they claim is a lax record on illegal immigration. Dreier’s opponent, Cynthia Matthews, has appeared on “The John and Ken Show” during the campaign.
The radio hosts say they have offered to have Dreier appear on their show to defend his record on illegal immigration, but he has declined. Kobylt called the complaint “absurd” said he and Chiampou did not plan to retreat from their efforts to oust Dreier.
Update 2: More from the Daily News.
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