Robert Clayton Dean at Samizdata seems to be no more impressed with SCOTUS's upholding of McCain-Feingold than I am. I hope that W did not sign it because he expected the court to overturn it.
Today, the US Supreme Court issued a decision that will live in infamy. It upheld the core provisions of the McCain-Feingold campaign finance law. I confess I have not yet digested the full 300 page turd dropped on the Constitution by our masters at the Supreme Court, but I would observe that any decision of this length is bound to be flawed. It does not take many words to apply the simple phrase "Congress shall make no law . . . abridging the freedom of speech" to overturn legislation; it does, however, take many, many words to obfuscate the meaning of that phrase sufficiently to uphold legislation that, in part, prohibits the airing of campaign commercials in the weeks before an election.A sad day for freedom.
This is a sad day for freedom of speech... Who could have imagined that the same Court which, within the past four years, has sternly disapproved of restrictions upon such inconsequential forms of expression as virtual child pornography...tobacco advertising...dissemination of illegally intercepted communications...and sexually explicit cable programming...would smile with favor upon a law that cut to the heart of what the First Amendment is meant to protect: the right to criticize the governmentTo be sure, the legislation is evenhanded: It similarly prohibits criticism of the candidates who oppose Members of Congress in their reelection bids. But as everyone knows, this is an area in which evenhandedness is not fairness. If all electioneering were evenhandedly prohibited, incumbents would have an enormous advantage. Likewise, if incumbents and challengers are limited to the same quantity of electioneering, incumbents are favored. In other words, any restriction upon a type of campaign speech that is equally available to challengers and incumbents tends to favor incumbents.