David Harsanyi The senators who really threaten America
WE ARE, as it always seems, at a pivotal moment in American history. At least thats what Sens. Tom Udall and Bernie Sanders maintained in a melodramatic Politico column recently as they explained their efforts to repeal the First Amendment.
Let me retort in their language:Its true that building the United States has been long, arduous and rife with setbacks. But throughout the years, the American people have repelled efforts to weaken or dismantle the First Amendment. We have weathered the Sedition Act of 1918, a law that led to the imprisonment of innocent Americans who opposed the war or the draft. Since then, we have withstood many efforts to hamper, chill and undermine basic free expression in the name of patriotism. We have, however, allowed elected officials to treat citizens as if they were children by arbitrarily imposing strict limits on their free speech in the name of fairness.But nowadays, after five members of the Supreme Court upheld the First Amendment and treated all political speech equally, liberal activists and Democrats in the Senate would have us return to a time when government dispensed speech to favored institutions as if it were the governments to give.
In 2010, the Supreme Court issued a 5-4 opinion striking down major parts of a 2002 campaign-finance reform law in Citizens United v. Federal Election Commission. This case and subsequent rulings, including McCutcheon v. FEC, have led to more political activism and more grass-roots engagement than ever before. In the 2012 presidential election, we quickly saw the results.
More Americans voted than in any election; more minorities voted; more Americans engaged in more debate and had more information in their hands than ever before. More than 60 percent of all those super PAC funds came from just 159 donors, each of whom gave more than $1 million. And still, every vote held the same sway. You may be convinced by someone, but no one can buy your vote. I wish the same could be said for your senators.
Even less worrisome is the propaganda surrounding scary-sounding dark money dollars spent by groups that do not have to disclose their funding sources. The 2012 elections saw almost $300 million spent on engagement in our democratic institutions, and the 2014 midterm elections could see as much as $1 billion invested in political debate. That means more democratization of media and more challenges to a media infrastructure that once managed what news we were allowed to consume. Still, no one can buy your vote.
No single issue is more important to the needs of average Americans than upholding the Constitution over the vagaries of contemporary political life. The people elected to office should be responsive to the needs of their constituents. They should also be prepared to be challenged. But mostly, they should uphold their oath to protect the Constitution rather than find ways to undermine it.
When the Supreme Court finds, for purposes of the First Amendment, that corporations are people, that writing checks from the companys bank account is constitutionally protected speech and that attempts to impose coercive restrictions on political debate are unconstitutional, we realize that we live in a republic that isnt always fair but is, for the most part, always free.
Americans right to free speech should not be proportionate to their political power. This is why its vital to stop senators from imposing capricious limits on Americans.
It is true that 16 states and the District of Columbia, along with more than 500 cities and towns, have passed resolutions calling on Congress to reinstitute restriction on free speech. Polls consistently show that the majority of Americans support the abolishment of super PACs. So its important to remember that one of the many reasons the Founding Fathers offered us the Constitution was to offer a bulwark against democracy. Senators may have an unhealthy obsession with the democratic process, and Supreme Court justices are on the bench for life for that very reason.
Last week, Democrats offered an amendment to repeal the First Amendment in an attempt to protect their own political power. Whiny senators most of them patrons to corporate power and special interests engaged in one of the most cynical abuses of their power in recent memory. Those who treat Americans as if they were hapless proles unable to withstand the power of a television commercial are the ones who fear speech. Thats not what the American republic is all about.
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David Harsanyi The senators who really threaten America
- Musk's X is joining a First Amendment fight over trans bathroom photo - USA Today - December 31st, 2025 [December 31st, 2025]
- Filming ICE agents is a First Amendment right. So why might it land you in jail? - Straight Arrow News - December 31st, 2025 [December 31st, 2025]
- Liberties Year in Review: First Amendment victories - wng.org - December 31st, 2025 [December 31st, 2025]
- Trump Administration Will Appeal Judges Order Reversing Federal Funding Cuts at Harvard - First Amendment Watch - December 25th, 2025 [December 25th, 2025]
- Housing, tourism and the First Amendment: Nevada editors reflect on the news year that was 2025 - KNPR - December 25th, 2025 [December 25th, 2025]
- FCC fights First Amendment and democracy itself - mronline.org - December 25th, 2025 [December 25th, 2025]
- First Amendment Stories of 2025: A Year in Review - Freedom Forum - December 22nd, 2025 [December 22nd, 2025]
- Trump tests the First Amendment: A timeline - CNN - December 22nd, 2025 [December 22nd, 2025]
- Professor Sanctioned by University for a Satirical Land Acknowledgment Wins First Amendment Case on Appeal - The New York Sun - December 22nd, 2025 [December 22nd, 2025]
- Trump Sues the BBC: First Amendment Analysis - Freedom Forum - December 22nd, 2025 [December 22nd, 2025]
- Madisons Lost First Amendment: The Mission Statement that Never Was - Jurist.org - December 22nd, 2025 [December 22nd, 2025]
- Let them sue: Iowa lawmakers scoffed at First Amendment in wake of Charlie Kirk shooting, records show - FIRE | Foundation for Individual Rights and... - December 22nd, 2025 [December 22nd, 2025]
- Pastor alleges Tarrant County judge violated First Amendment by removing him from meeting - Fort Worth Report - December 22nd, 2025 [December 22nd, 2025]
- Yes, the First Amendment Applies to Non-Citizens Present in the United States - Reason Magazine - December 22nd, 2025 [December 22nd, 2025]
- Gingrich: Going After People Who Have Been Radicalized Requires Rethinking Parts Of The First Amendment - Real Clear Politics - December 16th, 2025 [December 16th, 2025]
- [VIDEO] Jane Fonda Revives the Committee for the First Amendment - ACLU of Southern California - December 16th, 2025 [December 16th, 2025]
- Does The First Amendment Protect Supposedly Addictive Algorithms? - Hoover Institution - December 16th, 2025 [December 16th, 2025]
- Stop the gatekeeping. The First Amendment is for all of us - Freedom of the Press Foundation - December 16th, 2025 [December 16th, 2025]
- Why 'online speech is messy' when it comes to the First Amendment - WUSF - December 16th, 2025 [December 16th, 2025]
- Puerto Rico Governor Signs Bill That Critics Say Will Restrict Access to Public Information - First Amendment Watch - December 16th, 2025 [December 16th, 2025]
- How a Gossip Blogger Became the Poster Child for First Amendment Rights | On the Media - WNYC Studios | Podcasts - December 12th, 2025 [December 12th, 2025]
- JD Vance floats First Amendment 'exception' to ban '6-7' - Fox News - December 12th, 2025 [December 12th, 2025]
- Free speech advocates rally to support FIREs defense of First Amendment protections for drag shows - FIRE | Foundation for Individual Rights and... - December 12th, 2025 [December 12th, 2025]
- Law's Andrew Geronimo discusses political websites and the first amendment - Case Western Reserve University - December 12th, 2025 [December 12th, 2025]
- Texas runs afoul of the First Amendment with new limits on faculty course materials - FIRE | Foundation for Individual Rights and Expression - December 12th, 2025 [December 12th, 2025]
- First Amendment expert weighs in on new University of Florida neutrality policy - WCJB - December 12th, 2025 [December 12th, 2025]
- Public libraries in TX, LA, and MS are no longer protected by the First Amendment. - Literary Hub - December 12th, 2025 [December 12th, 2025]
- Congressman Murphy introduces bills to fortify First Amendment rights on college campuses - WCTI - December 12th, 2025 [December 12th, 2025]
- Oregon lawsuit accuses Trump admin of chilling First Amendment rights during ICE protests - KOIN.com - December 12th, 2025 [December 12th, 2025]
- The Man Accused of Killing Charlie Kirk Appears in Court for 1st Time as a Judge Weighs Media Access - First Amendment Watch - December 12th, 2025 [December 12th, 2025]
- ICEBlock App Maker Sues Trump Administration Over Its Pressure on Apple To Remove App - First Amendment Watch - December 12th, 2025 [December 12th, 2025]
- Federal judge to hear arguments on motion in professor's First Amendment lawsuit against UT - WBIR - December 12th, 2025 [December 12th, 2025]
- Inside the First Amendment fight over how Los Angeles polices words - USA Today - November 30th, 2025 [November 30th, 2025]
- Brands, bands, trademarks and the First Amendment - The Global Legal Post - November 30th, 2025 [November 30th, 2025]
- First Amendment in flux: When free-speech protections came up against the Red Scare - Free Speech Center - November 30th, 2025 [November 30th, 2025]
- The Pentagon and the FBI are investigating 6 legislators for exercising their First Amendment rights - Reason Magazine - November 30th, 2025 [November 30th, 2025]
- Corporations Say Its Their First Amendment Right To Hide - The Lever - November 30th, 2025 [November 30th, 2025]
- Campus Crackdown on the First Amendment - Folio Weekly - November 30th, 2025 [November 30th, 2025]
- Lange: Annoying emails are not exempt from the First Amendment - WyomingNews.com - November 30th, 2025 [November 30th, 2025]
- From burgers to the First Amendment: Cozy Inn wins mural lawsuit - KAKE - November 20th, 2025 [November 20th, 2025]
- Salina violated First Amendment rights of Cozy Inn on mural issue - The Hutchinson News - November 20th, 2025 [November 20th, 2025]
- After Bobby George Threatened to Sue Online Critics, CWRU's First Amendment Clinic Stepped In - Cleveland Scene - November 20th, 2025 [November 20th, 2025]
- First Amendment in flux: When free speech protections came up against the Red Scare - The Conversation - November 20th, 2025 [November 20th, 2025]
- First Amendment litigator explains the dos and donts of student protest - The Dartmouth - November 20th, 2025 [November 20th, 2025]
- We should protect the First Amendment like we do the Second - Indiana Capital Chronicle - November 20th, 2025 [November 20th, 2025]
- First Amendment lawyer Floyd Abrams and Berkshire Eagle President Fred Rutberg talk free speech, press freedom at the Triplex Cinema - The Berkshire... - November 20th, 2025 [November 20th, 2025]
- E&C Democrats: The Trump Administration is Violating the Whistleblower Protection Act and First Amendment by Retaliating Against Bethesda Declaration... - November 20th, 2025 [November 20th, 2025]
- First Amendment in flux: When free speech protections came up against the Red Scare - itemonline.com - November 20th, 2025 [November 20th, 2025]
- Judge rules Salina violated Cozy Inns First Amendment rights over burger mural - KSN-TV - November 20th, 2025 [November 20th, 2025]
- 7 Former FCC Commissioners Want 'News Distortion Policy' Rescinded for Threatening First Amendment - TheWrap - November 16th, 2025 [November 16th, 2025]
- Crystal River and the First Amendment - chronicleonline.com - November 16th, 2025 [November 16th, 2025]
- AG Sulzberger Honored with The James C. Goodale First Amendment Award - The New York Times Company - November 16th, 2025 [November 16th, 2025]
- Kansas county pays $3M for forgetting the First Amendment - Freedom of the Press Foundation - November 16th, 2025 [November 16th, 2025]
- Teachers and social media: A First Amendment fight - WGCU - November 16th, 2025 [November 16th, 2025]
- What To Know About How Florida Will Teach McCarthyism and the Cold War - First Amendment Watch - November 16th, 2025 [November 16th, 2025]
- Texas A&M University Professors Now Need Approval for Some Race and Gender Topics - First Amendment Watch - November 16th, 2025 [November 16th, 2025]
- Santa Ana cops need a refresher on the First Amendment - Orange County Register - November 16th, 2025 [November 16th, 2025]
- Was Mississippi State student arrested over 'free speech'? See what the First Amendment says - The Clarion-Ledger - November 16th, 2025 [November 16th, 2025]
- Social media restrictions and First Amendment rights for children | 'Law of the Land' on the Sound of Ideas - Ideastream - November 10th, 2025 [November 10th, 2025]
- Test your Constitutional knowledge: When can free exercise of religion be limited under the First Amendment? - AL.com - November 10th, 2025 [November 10th, 2025]
- Editing federal employees emails to blame Democrats for shutdown violated their First Amendment rights, judge says - CNN - November 7th, 2025 [November 7th, 2025]
- I am in love with the First Amendment | Opinion - PennLive.com - November 7th, 2025 [November 7th, 2025]
- EXCLUSIVE: Texas Good Ol Boys Club vs. First Amendment Krottinger Arrested Over Meme - Yahoo - November 7th, 2025 [November 7th, 2025]
- Trump Administration Speeds up New Rules That Would Make It Easier To Charge Some Protesters - First Amendment Watch - November 7th, 2025 [November 7th, 2025]
- America struggles to balance First Amendment free speech with gun rights amid political violence - Milwaukee Independent - November 7th, 2025 [November 7th, 2025]
- Man Who Threw Sandwich at Federal Agent in Washington Is Found Not Guilty of Assault Charge - First Amendment Watch - November 7th, 2025 [November 7th, 2025]
- Judge Will Order Federal Agents in Chicago To Restrict Using Force Against Protesters and Media - First Amendment Watch - November 7th, 2025 [November 7th, 2025]
- EXCLUSIVE: Texas Good Ol Boys Club vs. First Amendment - Krottinger Arrested Over Meme - Dallas Express - November 7th, 2025 [November 7th, 2025]
- Inside the 'harsh terrain' of Columbia University's First Amendment predicament - USA Today - October 28th, 2025 [October 28th, 2025]
- Biden Warns of Dark Days for the Country as He Urges Americans To Stay Optimistic - First Amendment Watch - October 28th, 2025 [October 28th, 2025]
- Victory! Court Rules that Minnesota Horse Teacher is Able to Continue Teaching in Important First Amendment Win - The Institute for Justice - October 28th, 2025 [October 28th, 2025]
- Anti-Abortion Pregnancy Centers Are Looking To Offer Much More Than Ultrasounds and Diapers - First Amendment Watch - October 28th, 2025 [October 28th, 2025]
- May the First Amendment be with you: Protester sues after Imperial March performance sparks arrest - Fast Company - October 26th, 2025 [October 26th, 2025]
- Mitchell and Mayes ask judge to toss out law against prosecutions targeting First Amendment rights - KJZZ - October 26th, 2025 [October 26th, 2025]
- Creator of app that tracked ICE talks about its removal and the First Amendment - NPR - October 24th, 2025 [October 24th, 2025]
- How Trump's Threats Against the NFL Could Violate the First Amendment - American Civil Liberties Union - October 24th, 2025 [October 24th, 2025]
- 'He played The Imperial March as he walked': Man arrested for playing Darth Vader's theme at National Guard troops sues over alleged First Amendment... - October 24th, 2025 [October 24th, 2025]
- Arizona law protects First Amendment rights. Maricopa County wants to overturn it - azcentral.com and The Arizona Republic - October 24th, 2025 [October 24th, 2025]
- John Foster: First Amendment rights and whether you really should say that - dailyjournal.net - October 24th, 2025 [October 24th, 2025]
- Creator of app that tracked ICE talks about its removal and the First Amendment - Boise State Public Radio - October 24th, 2025 [October 24th, 2025]