Thursday, January 19, 2006

Sykes & TMJ about to do the perp walk? Not hardly.

Xoff suggests that Journal Communications is breaking campaign laws by running a tape produced by Charlie Sykes' criticizing Gov. Doyle's refusal to lift the caps on school choice. This seems clearly wrong. State campaign finance law specifically provides, as it must, that it shall not be construed to restrict editiorial comment or endorsement by communications medium. See, e.g., Wis. Stats. sec 11.30(4)

The fact that TMJ put its editorial comment in a specially produced segment that it repeats from time to time would hardly seem to matter. If Xoff were right, the limitations on free speech applicable to those outside the media (which are bad enough) would be applied to the press - which is almost always owned by an incorporated entity. If that doesn't violate the first amendment, then we've lost this country.

Xoff suggests that its not free speech because someone is paying for it, but the "free" in "free speech" means unrestricted, not free of charge. When the media editiorializes or endorses, there are always expenses that some is paying for. He argues that, if it were free speech, they'd give Doyle equal time to respond, but the Supreme Court long ago struck down a requirement that newspapers give candidates equal time to respond to critical editorials. Free speech is unregulated speech.

Update: Of course, in fairness to Xoff, radio stations are a bit different because of the limited nature of the broadcast spectrum. He alludes to that and I didn't mean to suggest that its not relevant. The Supreme Court once upheld the old fairness doctrine which imposed "equal time" requirements (although I wonder how its thinking would be affected by the rise of the new forms of media), but the fairness doctrine no longer exists and I just can't see using the campaign finance laws to silence journalists. The Supreme Court's 2003 decision in McConnell upholding the McCain-Feingold Incumbent Protection Act did contain some language suggesting that a majority of the court thinks that the first amendment would prevent restrictions on contributions to talk show hosts or newspapers editors on the grounds that their speech benefits one candidate over another. Hope so.

Update 2 The notion, though, that one side of a political debate would use campaign finance laws to stifle discussion of an issue underscores the critical importance of the case brought by Wisconsin Right to Life which was argued in the Court this week. The FEC argues that the McCain-Feingold Speech Suppression Act prohibits grassroots organizations from running ads that call on people to influence public officials who are candidates for election within a certain period of time prior to the election. WRTL is contending that the first amendment requires an exception for legitimate lobbying ads (i.e., ads that relate to real issues on which the officials are acting or failing to act). In WRTL's case, it wanted to run ads criticizing Feingold and Dems for holding up Bush's judicial appointments - something that was happening at the very time in question. The idea that people who hold public office get a "free" period in which they cannot be effectively criticized seems to me to be at odds with core first amendment values. Hope the Court agrees and thanks to WRTL for pressing the issue.

59 comments:

Anonymous said...

buy diazepam diazepam-ratiopharm 10 mg tabletten beipackzettel - diazepam dose in eclampsia

Anonymous said...

buy ambien side effects of the drug ambien - ambien pill identification

Anonymous said...

buy xanax online where to buy alprazolam - online rx no prescription xanax

Anonymous said...

buy xanax online xanax 2mg online no prescription - xanax high experience

Anonymous said...

zolpidem overdose maximum safe dosage zolpidem - side effects from zolpidem tartrate

Anonymous said...

buy valium blue valium pill dan - valium drug test hair

Anonymous said...

diazepam online diazepam 5mg vs xanax - diazepam buy online usa

Anonymous said...

buy zolpidem side effects of adco zolpidem - zolpidem cost of

Anonymous said...

ambien price lunesta vs ambien sleepwalking - buy ambien cr online no prescription

Anonymous said...

xanax generic drug reactions to xanax - xanax generic orange

Anonymous said...

buy valium online how to purchase valium online - what is valium used 4

Anonymous said...

buy diazepam online diazepam 2mg image - diazepam 5mg kaufen

Anonymous said...

buy zolpidem online buy zolpidem tartrate online usa - side effects zolpidem tartrate tablets

Anonymous said...

cheap generic ativan ativan overdose and treatment - ativan side effects menstrual cycle

Anonymous said...

ativan online ativan zoloft - lorazepam 1 mg or diazepam

Anonymous said...

buy diazepam generic valium buy cheapest diazepam online - diazepam 5mg many can take

Anonymous said...

lorazepam online ativan oral uses - lorazepam 1 mg during pregnancy

Anonymous said...

xanax antidepressant alprazolam 0.5 mg tablet - xanax dosage 0.25

Anonymous said...

xanax 1mg where to buy xanax bars - xanax drug code

Anonymous said...

generic xanax xanax withdrawal wiki - xanax side effects on liver

Anonymous said...

lorazepam no prescription buy lorazepam online - overdose on ativan how much

Anonymous said...

cheap lorazepam side effects of ativan in women - overdose with ativan

Anonymous said...

ambien for sale buy ambien cr online - ambien sleeping pills reviews

Anonymous said...

buy valium no prescription needed buy valium online mastercard - valium online nz

Anonymous said...

order ambien online ambien drug recall - buy ambien drug

Anonymous said...

buy valium online valium effect high blood pressure - valium for sale

Anonymous said...

buy ambien online ambien side effects sleep walking - discount ambien online

Anonymous said...

buy valium online snorting diazepam valium - valium dosage dentist

Anonymous said...

buy diazepam generic valium xanax valium drug test - valium vs xanax for flying

Anonymous said...

Blogger: Shark and Shepherd - Post a Comment meridia diet pills for sale - meridia pills online http://www.meridiaordernow.com/#meridia-pills-online

Anonymous said...

Blogger: Shark and Shepherd - Post a Comment cheap carisoprodol - purchase soma online http://www.emprendiendoideas.com/#purchase-soma-online

Anonymous said...

Blogger: Shark and Shepherd - Post a Comment order ventolin online - buy ventolin no prescription http://www.ventolinforsaleonline.com/#buy-ventolin-no-prescription

Anonymous said...

Blogger: Shark and Shepherd - Post a Comment sibutramine price - meridia for sale http://www.meridiaordernow.com/#meridia-for-sale

Anonymous said...

Blogger: Shark and Shepherd - Post a Comment ventolin online no prescription - buy ventolin online no prescription http://www.ventolinforsaleonline.com/#buy-ventolin-online-no-prescription

Anonymous said...

Blogger: Shark and Shepherd - Post a Comment acomplia diet pills - buy acomplia online http://www.a6soft.com/#buy-acomplia-online

Anonymous said...

Blogger: Shark and Shepherd - Post a Comment acomplia online no prescription - order acomplia http://www.a6soft.com/#order-acomplia

Anonymous said...

Hi, MoxoredapeTox isotretinoin pills - cheap accutane online http://www.josoclasolucio.com/#generic-isotretinoin

Anonymous said...

Hi, MoxoredapeTox finasteride 5mg - finasteride for sale http://www.bigdocpoker.com/#finasteride-cost

Anonymous said...

Hi, MoxoredapeTox buy generic ambien - generic ambien cost http://topandhra.com/#generic-ambien-cost

Anonymous said...

Hello, buy finasteride 5mg - buy generic finasteride http://www.wheretobuymedsonline.com/propecia/

Anonymous said...

Hello, order meridia - cheap meridia http://www.amaryllisgarden.com/#cheap-meridia

Anonymous said...

Hello, buy generic finasteride - order finasteride http://www.bigdocpoker.com/#order-finasteride-online

Anonymous said...

Islamic Medicine 1066-1200 acomplia online - generic acomplia http://www.buydiscountedisotretinoin.net/#generic-acomplia

Anonymous said...

Opions On Illegal Drugs where can i buy acomplia online - buy generic acomplia http://www.buydiscountedisotretinoin.net/#buy-generic-acomplia

Anonymous said...

Walmart $4 Medication Program acomplia uk - buy acomplia rimonabant http://www.buydiscountedisotretinoin.net/#buy-acomplia-rimonabant

Anonymous said...

Hello, buy generic lipitor online - cheap lipitor 40 mg http://www.costoflipitoronline.net/#cheap-lipitor-40-mg

Anonymous said...

The Economist Billion Dollar Pills topiramate migraine - cost of topiramate http://www.topamaxdiscount.com/

Anonymous said...

dalsCleax cymbalta price - cymbalta cost http://www.cymbaltadiscountprice.com/#cymbalta-cost

Anonymous said...

dalsCleax order atomoxetine online - order atomoxetine http://www.stratterabestprice.com/#order-atomoxetine

Anonymous said...

Is Random Drug Testing Legal buy sibutramine without prescription - generic meridia http://www.meridiaonlineorder.net/#generic-meridia , buy sibutramine no prescription

Anonymous said...

2, buy stendra online - buy cheap stendra http://www.stendraonlinecost.com/#buy-cheap-stendra , [url=http://www.stendraonlinecost.com/#buy-generic-stendra ]buy generic stendra [/url]

Anonymous said...

tfv buy lamisil - terbinafine without prescription http://www.lamisilonlinerx.net/#purchase-lamisil, [url=http://www.lamisilonlinerx.net/#purchase-lamisil]buy terbinafine no prescription [/url]

Anonymous said...

3. topamax medication - where to buy topamax http://www.polymathinnovationgroup.com/#where-to-buy-topamax , [url=http://www.polymathinnovationgroup.com/#topamax-pills ]topamax pills [/url]

Anonymous said...

ny, order levitra online no prescription - purchase levitra online http://www.recoverinchrist.org/#purchase-levitra-online , [url=http://www.recoverinchrist.org/#buy-cheap-levitra ]buy cheap levitra [/url]

Anonymous said...

c, klonopin for sale - buy klonopin no prescription http://www.klonopindiscountsale.net/, generic klonopin online

Anonymous said...

3, buy maxalt online no prescription - purchase maxalt online http://www.maxaltonlinehelp.net/, maxalt online pharmacy

Anonymous said...

imitrex for sale - imitrex online http://www.imitrexbenefits.net/, generic sumatriptan

Anonymous said...

6, Cheap Atomoxetine - Cheap Atomoxetine - strattera medication http://www.stratterarxcoupon.net/ .

Anonymous said...

5, [url=http://www.cheapzoloftrx.net/] Zoloft Cost[/url] - Generic Zoloft - buy sertraline http://www.cheapzoloftrx.net/ .