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#501
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Funny thing is, Citizens United was the one that brought the case under BCRA that ads for Fahrenheit 9/11 were illegal. THe FEC dismissed the complaint.
Then Citizens United goes, "Okay, that means we can make a documentary too." Oops, no can do. See, Michael Moore and Miramax have special rights. |
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#502
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Would have been alot different had the case moved forward, I'll bet. |
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#503
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Care to define what constitutes unlimited free speech and censorship? Quote:
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#504
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Just like David Bossie is not a corporation, but Citizens United is. You are simply not going to talk your way out of this one. If you think CU can't spend money on a political film, then neither can Miramax. |
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#505
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http://dockets.justia.com/docket/ari...v02089/651381/ The legal name of the Democratic National Committee is the DNC Services Corporation. The copyright notice is at the bottom: http://www.democrats.org/ http://www.answers.com/topic/dnc-service-corporation Quote:
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And I'd note that reformers have abandoned their view that individuals have 1st amendment rights to spend as much as they want on speech. That was the immediate consensus post-Citizens United view. Now that's inoperable since billionaires are spending a lot of money. Now apparently individuals have less 1st amendment rights than media corporations, which is so absurd it's a laugh riot. Quote:
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#506
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Citizen's United should have simply distributed its film through Miramax. Voila!
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#507
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Sure sure. Try to win an argument by speaking for others since you cant win on your own merits unless the opponent is make-believe. Nice try, come again.
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#508
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Denying that this is what most reformers favor? What exactly was BCRA meant to do? The Supreme Court even ruled that the law divided speakers into favored and disfavored. I'd say that makes it official.
If you don't favor dividing speakers into favored and disfavored, propose a law that applies to everyone, without exceptions. You can't do it. |
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#509
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Last edited by Untoward_Parable; 07-26-2012 at 02:25 AM. |
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#510
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To respond myself - some want to ration speech, others want to simply ban some speakers, as he said. But some who want to ban some speakers justify it with reasons that amount to rationing speech. They say that some speakers have "too much" speech and therefore must be banned. But that still leaves other speakers with "too much" speech, so rationing is the only "fair" solution. Not that any of this is constitutional. |
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#511
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So you can't buy or sell bumper stickers or yard signs. No mailings either. No TV or radio ads, at all. |
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#512
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#513
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I don't care about the speech, it's the SIDE EFFECT where the wealthy buy our elected representatives that bothers me. You don't get it, Lance, you don't WANT to get it. You are paving the way for plutocracy, laying a red carpet down for the wealthy to march in and take over our government to an unprecedented degree. You are destroying the thing you profess to love: democracy.
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#514
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#515
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The POINT of free speech is to protect democracy. If you are destroying democracy in the name of free speech, you are still destroying democracy. Democracy is not advanced by allowing plutocrats to buy your government. When they can openly write half million dollar checks to political organizations, it's all over but the crying, baby.
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#516
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#517
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Independent advocacy does not create the same quid pro quo problem as direct donations. If that proves to be incorrect with time, we can revisit the problem. Quote:
The legitimate worry that reformers have is that if one side of an issue has more opportunity to speak than the other side, that it makes the public more likely to support the side speaking more. THe problem is that independent advocacy is just one side of that problem, it doesn't go away when you eliminate it. You still have Fox News and the NY Times occupying commanding heights and having undue influence on the public. When in doubt, a completely open marketplace of ideas is the best bet. The burden of proof is on those who would restrict freedom. Last edited by adaher; 07-26-2012 at 03:04 PM. |
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#518
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What you don't seem to get is that your cure is worse than the disease. You may not care about speech, but you're still proposing to suppress it, and you can't do that. It violates the Constitution. You have to find another way to solve your concerns about money. Quote:
Last edited by lance strongarm; 07-26-2012 at 06:52 PM. |
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#519
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Exactly.
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#520
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Yep. Heard it all. All kinds of scoundrels use the cover of "protecting democracy" to take away your rights.
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#521
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#522
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A person's spending on campaigns (speech) is unlimited. Some people spend millions of their own money on speech, just like a corporation.
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#523
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Bah. You profess no understanding of the distinction between "freedom of speech" and plutocrats writing half million dollar checks to political campaigns of direct benefit to officeholders. This leaves me exactly two options for describing you, neither of which I can use outside the pit.
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#524
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How much does MSNBC pay to give rachel Maddow her soapbox? This doesn't count as a campaign contribution?
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#525
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#526
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Barack Obama, or the Democrats in general.
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It reduces the viewpoints people hear. |
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#527
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YOU are the one who can't understand the difference.
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#528
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There ARE no limits on expenditures on electioneering communications. They are unconstitutional.
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#529
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That's not to say that money is speech. Money spent on political activities unrelated to speech can be regulated.
But once money is converted into speech, that speech may not be censored. |
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#531
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Independent advertising is an attempt to influence the public, not politicians. Influencing the public is what they are supposed to be doing.
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#532
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#533
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#534
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Stop this nonsense. Of course it did. That was its entire purpose. And it is for you too. You think certain sources of speech have too much speech so you want to ban it.
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#535
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So you admit this limits speech, and that the purpose is to limit speech.
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#536
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You've been told this before, and you have refused to accept it. Why do you ignore these facts? |
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#537
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Thanks for admitting it too.
My point, which went over your head, was that Gamer is trying to say it's not about speech, but money. Of course it's about speech. Quote:
I'm not going to explain it again. Instead, I'll ask you a question - can we limit speech any way we want? Yes or no? Read the First Amendment and then tell me. Simple yes or no will suffice. Last edited by lance strongarm; 07-28-2012 at 07:17 PM. |
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#538
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Buying elections is directly analogous to sedition. |
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#539
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Two can play this game. "Advocating violating of the first amendment is directly analogous to sedition".
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#540
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#541
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Gotta prove sedition. gotta prove an election is being bought. In order to do that you, first have to prove that a particular buyer has more influence than anyone else. If you can make the case that Sheldon Adelson has more influence than Barack Obama, then you can plausibly accuse Adelson of buying an election. Not really, but I'll grant it for arguments' sake. However, Barack Obama clearly has a ton more influence on the election than any third party spender, and more money.
Let's compare Sheldon Adelson to Rush Limbaugh. Rush Limbagh has loyal followers who hang on his every word. Sheldon Adelson does not. Rush Limbaugh reaches millions year around. Sheldon Adelson buys 30-second ads around election time. Can you seriously prove that Adelson's influence is outsized compared to those he is competing with to get his message out? |
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#543
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And are we back to just saying corporations don't have free speech rights? Is it okay now for individuals to spend as much as they want? |
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#544
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You are equating speech about politics to sedition. This is why I say you are exactly who the founders feared when they wrote the First Amendment. |
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#545
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It is exactly what the BCRA did, and you know it.
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#546
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Since this subject keeps coming up, about speech restrictions, look up strict scrutiny guys. Speech restrictions must:
It must be justified by a compelling governmental interest. While the Courts have never brightly defined how to determine if an interest is compelling, the concept generally refers to something necessary or crucial, as opposed to something merely preferred. Examples include national security, preserving the lives of multiple individuals, and not violating explicit constitutional protections. The law or policy must be narrowly tailored to achieve that goal or interest. If the government action encompasses too much (overbroad) or fails to address essential aspects of the compelling interest, then the rule is not considered narrowly tailored. The law or policy must be the least restrictive means for achieving that interest, that is, there cannot be a less restrictive way to effectively achieve the compelling government interest. The test will be met even if there is another method that is equally the least restrictive. Some legal scholars consider this "least restrictive means" requirement part of being narrowly tailored, though the Court generally evaluates it separately. http://en.wikipedia.org/wiki/Strict_scrutiny And tortured reasoning won't cut it. Strict scrutiny is almost always death for a law. When in doubt, SCOTUS strikes it down. THe government's case has to be airtight. And the case for BCRA simply was not, nor can it be made so. |
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#547
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If the goal is to make things "fair" shouldn't we also ban speech by celebrities? After all, they get more than their "fair" share of influence when they endorse a candidate. And the candidate may give the celebrity favors in return. So why are we tolerating a "celebritocracy" along with a plutocracy? The voters are just too stupid to think objectively about celebrities, after all, so we need to fix out democracy. Ban celebrity speech about politics!
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#548
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Man, with all the celebrities talking lately, you might get some support for censoring them.
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#549
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I demand it. Anyone who thinks that it's necessary, and constitutional, to control the influence of certain sources that have "too much" influence on democracy must adopt my proposal or else they are hypocrites who are whores for the celebritocracy.
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#550
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The Things Lance And Adaher Want Us To Believe:
In order to accept Lance and Adaher's notion that unlimited political contributions are NOT a clear and present danger to democracy, we need to accept a central notion, and it's a REALLY difficult notion to accept: that multiimillionaires, billionaires and corporations write half a million dollar checks without some specific notions of what they intend to get for those checks, and that the politicians who get them are not the least concerned with who is writing them and have no intention of repaying them once they get into office. You also have to believe that the prospect of wealthy donors determining who gets elected with their huge checks is not a direct threat to the democratic process. (And no, I do not care whether a politician who is in thrall to plutocrats has a D or an R after his name.) Lance and Adaher state that they do not believe that these huge donations make much of a difference in who gets elected, so you would also have to share in their belief that advertising does not work, at least, in elections. They say that limiting political contributions is a violation of the First Amendment so profound that you might as well ban speech of all sorts, by all sorts of people. And that corporations are people. They do not say corporations are the very best sort of people, but you kinda get the idea that they might think that. Lance and adaher have pretty much admitted to all these beliefs, though they have yet to offer anything like convincing proof of them. I personally find their professed beliefs so nonsensical that I flatly reject them. It seems to me that they have made a number of extraordinary claims here, the sort of claims that require extraordinary proof. They both use the First Amendment as a sort of shield, to hide the naked ridiculousness of their beliefs. I hope, gentle readers, that you will see the ridiculousness of their assertions, and not fall for them for an instant. Just apply common sense to their assertions, and they will be revealed in all their naked ridiculousness. Oh, yes, Lance says he's a democrat. Last edited by Evil Captor; 07-31-2012 at 10:55 AM. |
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