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
- 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]
- Author Michael Wolff Sues Melania Trump, Saying She Threatened $1B Suit Over Epstein-Related Claims - First Amendment Watch - October 24th, 2025 [October 24th, 2025]
- Creator of app that tracked ICE talks about its removal and the First Amendment - WVIA Public Media - October 24th, 2025 [October 24th, 2025]
- Jimmy Kimmel Clash Was "Never About The First Amendment", Sinclair Exec Insists; FCC "Overreach" & Nexstar-Tegna Mega-Deal... - October 23rd, 2025 [October 23rd, 2025]
- Sinclair COO Rob Weisbord insisted that the local TV giant's recent clash with late-night host Jimmy Kimmel was "never about the First... - October 23rd, 2025 [October 23rd, 2025]
- Historys Lessons for the Second Committee for the First Amendment - The Nation - October 21st, 2025 [October 21st, 2025]
- Why did the city turn off social media comments? Does that violate the First Amendment? - WQOW - October 21st, 2025 [October 21st, 2025]
- Euphemisms, Political Speech, and the First Amendment - The Dispatch - October 21st, 2025 [October 21st, 2025]
- Indiana University Fires Student Newspaper Adviser Who Refused To Block News Stories - First Amendment Watch - October 21st, 2025 [October 21st, 2025]
- Mike Johnson Accuses No Kings Protesters of Blatantly Exercising First Amendment Rights - The Borowitz Report - October 21st, 2025 [October 21st, 2025]
- Florida chooses harassment and intimidation, over the First Amendment | Letters - Tampa Bay Times - October 19th, 2025 [October 19th, 2025]
- Test your Constitutional knowledge: Are these protests protected by the First Amendment? - AL.com - October 19th, 2025 [October 19th, 2025]
- Know Your First Amendment Rights Before the Assignment - National Press Foundation - October 19th, 2025 [October 19th, 2025]
- Lawrence school board candidates share how they would apply the First Amendment while in office - Lawrence Journal-World - October 19th, 2025 [October 19th, 2025]
- Florida chooses harassment and intimidation, over the First Amendment | Letters - Yahoo - October 19th, 2025 [October 19th, 2025]
- First Amendment rights and whether you really should say that - The Republic News - October 19th, 2025 [October 19th, 2025]
- The Knight Institutes Ramya Krishnan on the Trump Administrations Unconstitutional Targeting of Noncitizen Speech - First Amendment Watch - October 19th, 2025 [October 19th, 2025]
- A Brief Legal Analysis of the Department of Educations Proposed Compact for Higher Education - | Knight First Amendment Institute - October 17th, 2025 [October 17th, 2025]
- Attorney General Bonta Co-Leads Multistate Coalition in Defense of First Amendment Protections for Noncitizen Students and Faculty - State of... - October 17th, 2025 [October 17th, 2025]
- Brown University Rejects Trumps Offer for Priority Funding, Citing Concerns Over Academic Freedom - First Amendment Watch - October 17th, 2025 [October 17th, 2025]
- Prominent First Amendment lawyer Floyd Abrams to give annual Amanpour lecture Rhody Today - The University of Rhode Island - October 17th, 2025 [October 17th, 2025]
- Do Government Media Policies Like the Pentagons Violate the First Amendment? - Freedom Forum - October 17th, 2025 [October 17th, 2025]
- COLUMN: Jimmy Kimmel cant hide behind the First Amendment | Mike Rosen - Denver Gazette - October 17th, 2025 [October 17th, 2025]
- Journalists Turn in Access Badges, Exit Pentagon Rather Than Agree to New Reporting Rules - First Amendment Watch - October 17th, 2025 [October 17th, 2025]
- 5 days and the First Amendment's future: CSU reinstates free speech policy following weeklong protests - The Rocky Mountain Collegian - October 17th, 2025 [October 17th, 2025]
- Federal Judge Blocks Texas From Enforcing Law Giving the First Amendment a Bedtime by Banning Overnight Protest Encampments - The New York Sun - October 17th, 2025 [October 17th, 2025]
- Fox News rebuke shows Trumps attacks on First Amendment are hitting roadblocks - CNN - October 15th, 2025 [October 15th, 2025]
- Americans agree the First Amendment is important, but many are unsure why, survey says - AL.com - October 15th, 2025 [October 15th, 2025]
- Chiles v. Salazar : a Defining Test for the First Amendment - City Journal - October 15th, 2025 [October 15th, 2025]
- State of the First Amendment Address to focus on algorithms, free expression, AI - University of Kentucky - October 15th, 2025 [October 15th, 2025]
- New York Times, AP, Newsmax Among News Outlets Who Say They Wont Sign New Pentagon Rules - First Amendment Watch - October 15th, 2025 [October 15th, 2025]
- Editors notebook: The First Amendment under threat in Tennessee - Tennessee Lookout - October 15th, 2025 [October 15th, 2025]
- U.S. news organizations reject Pentagon reporting rules, say they undermine First Amendment - The Globe and Mail - October 15th, 2025 [October 15th, 2025]
- Why free speech rights got left out of the Constitution and added in later via the First Amendment - The Fulcrum - October 15th, 2025 [October 15th, 2025]
- California Wants To Punish Social Platforms for Aiding and Abetting the First Amendment - Reason Magazine - October 15th, 2025 [October 15th, 2025]
- Hegseths First Amendment war: The press is correct to walk away from ridiculous Pentagon pledge - New York Daily News - October 15th, 2025 [October 15th, 2025]
- The First Amendment is fading and we are letting it happen - Talon Marks - October 15th, 2025 [October 15th, 2025]
- Friday Oct. 17 12:30pm-1:30pm Zoom event: Trump, the Media, and the First Amendment - Reason Magazine - October 15th, 2025 [October 15th, 2025]
- California wants to make platforms pay for offensive user posts. The First Amendment and Section 230 say otherwise. - FIRE | Foundation for Individual... - October 13th, 2025 [October 13th, 2025]
- 'Retaliation For Protected First Amendment Activity' - NASA Workers Union Sues Trump Over 'Unlawful' Effort To Strip Collective Bargaining Rights -... - October 13th, 2025 [October 13th, 2025]
- We took the freedom of speech away: On First Amendment, Trump says quiet part out loud - MSNBC News - October 11th, 2025 [October 11th, 2025]
- Opinion: Why NPRs dispute with CPB really is about the First Amendment - current.org - October 11th, 2025 [October 11th, 2025]
- Jane Fonda Helps Revive Committee For The First Amendment - Honolulu Civil Beat - October 11th, 2025 [October 11th, 2025]
- Pastor shot in the head by ICE agents sues Trump administration over First Amendment threats in Chicago - the-independent.com - October 11th, 2025 [October 11th, 2025]
- Are KY mans Halloween decorations protected by First Amendment? What experts say - Lexington Herald Leader - October 11th, 2025 [October 11th, 2025]
- National Review : The First Amendment Applies to the Doctors Office, Too - Pacific Legal Foundation - October 11th, 2025 [October 11th, 2025]
- Are College GameDay Signs Protected by the First Amendment? - Freedom Forum - October 11th, 2025 [October 11th, 2025]
- Kirk, Kimmel and the First Amendment | Letter to the editor - Mercer Island Reporter - October 11th, 2025 [October 11th, 2025]
- Jimmy Kimmels First Amendment right to be annoying | Andrew D. Hayes - MassLive - October 11th, 2025 [October 11th, 2025]
- Muslim activists cite First Amendment as defense for vandalizing Texas church with anti-Israel graffiti - Christian Post - October 11th, 2025 [October 11th, 2025]
- When Conversion Therapy Meets the First Amendment: A Landmark Case Before the U.S. Supreme Court - ZENIT - English - October 11th, 2025 [October 11th, 2025]
- Your right to know: What the First Amendment really says about freedom of the press - The Laconia Daily Sun - October 11th, 2025 [October 11th, 2025]
- A Matter of Fact: The gift of the First Amendment - 9News - October 11th, 2025 [October 11th, 2025]
- Rutherford Co. teacher fired for comments about Kirk files First Amendment lawsuit - The Daily News Journal - October 11th, 2025 [October 11th, 2025]
- Why free speech rights got left out of the Constitution and added in later via the First Amendment - The Conversation - October 9th, 2025 [October 9th, 2025]
- Mary Rose Papandrea Installed as Burchfield Professor of First Amendment and Free Speech Law - GW Today - October 9th, 2025 [October 9th, 2025]
- Supreme Court Weighs First Amendment Challenge to Colorados Ban on Conversion Therapy for Minors - Law Commentary - October 9th, 2025 [October 9th, 2025]
- 'We took the freedom of speech away:' Trump on flag burning protection, First Amendment - USA Today - October 9th, 2025 [October 9th, 2025]
- Jane Fonda heads celebrity-organized Committee for the First Amendment - The Tufts Daily - October 9th, 2025 [October 9th, 2025]