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
- At FIU stop, DeSantis discusses First Amendment rights in wake of federal judge ruling in favor of anti-ICE protesters - WSVN - August 27th, 2026 [August 27th, 2026]
- Commentary: The First Amendment is more than the right to speak - Lake Oswego Review - August 27th, 2026 [August 27th, 2026]
- Trumps Unholy War on the First Amendment - Progressive.org - August 27th, 2026 [August 27th, 2026]
- Stars and Stripes staffers sue Pentagon over firings alleging First Amendment violations - The Independent - August 27th, 2026 [August 27th, 2026]
- Man arrested at Berkeley County gas station says his First Amendment rights were violated - Live 5 News - August 27th, 2026 [August 27th, 2026]
- Composer-Pianist Vijay Iyer to Perform at The Forever War Symposium - | Knight First Amendment Institute - August 27th, 2026 [August 27th, 2026]
- How Do We Aggressively Lobby for Press Freedom Legislation in a Post-Trump World? - | Knight First Amendment Institute - August 27th, 2026 [August 27th, 2026]
- Federal judge says FIU violated first amendment rights of anti-ICE student protesters - Creative Loafing Tampa - August 27th, 2026 [August 27th, 2026]
- Trump Sued for Selling Early Access to Truth Social Posts: First Amendment Analysis - Freedom Forum - August 22nd, 2026 [August 22nd, 2026]
- Students, ACLU argue FIU violated First Amendment rights after doling out punishments for ICE protests - WSVN - August 22nd, 2026 [August 22nd, 2026]
- Did this field trip to a mosque violate the First Amendment? A group of Palo Alto parents think so. - The Forward - August 22nd, 2026 [August 22nd, 2026]
- Second Circuit Says You Have a First Amendment Right to Film Police in Public - Fstoppers - August 22nd, 2026 [August 22nd, 2026]
- Column: Lets celebrate ALL of the First Amendment, not part - The Daily Tar Heel - August 22nd, 2026 [August 22nd, 2026]
- Jury Says The New York Times Defamed Alabama Basketball Player With Incorrect Story About Shooting - First Amendment Watch - August 22nd, 2026 [August 22nd, 2026]
- Disney and ABC filed a First Amendment lawsuit against the FCC - Morning Brew - August 22nd, 2026 [August 22nd, 2026]
- Five Standout Claims In ABCs First Amendment Lawsuit Against The FCC - Deadline - August 22nd, 2026 [August 22nd, 2026]
- Judge weighs First Amendment case involving FIU student protest - CBS News - August 22nd, 2026 [August 22nd, 2026]
- ABC sues FCC claiming first amendment violation - WBKO - August 22nd, 2026 [August 22nd, 2026]
- ABC sues FCC over license reviews, citing First Amendment rights - WRTV - August 22nd, 2026 [August 22nd, 2026]
- Rich Lenkov on murder trials, cocaine trafficking, and a First Amendment showdown - WGN Radio 720 - August 22nd, 2026 [August 22nd, 2026]
- FCC Boss Brendan Carr Says Disneys First Amendment Lawsuit Is Without Merit - Media Play News - August 22nd, 2026 [August 22nd, 2026]
- Judge Plans October Hearing In ABCs First Amendment Lawsuit Against FCC, Says It Will Be Sooner If Agency Takes Action On Licenses - Yahoo - August 22nd, 2026 [August 22nd, 2026]
- Antithesis of Our First Amendment: Families Ask Supreme Court to Toss Texas Ten Commandments Law - Alaska Native News - August 22nd, 2026 [August 22nd, 2026]
- ABC Has Filed a First Amendment Lawsuit Against the FCC After Trump Admin Goes After Network - IMDb - August 22nd, 2026 [August 22nd, 2026]
- ABC Has Filed a First Amendment Lawsuit Against the FCC After Trump Admin Goes After Network - Just Jared - August 22nd, 2026 [August 22nd, 2026]
- Disney Takes on Trump: Can ABC Win Its First Amendment Suit Against the FCC? | Analysis - IMDb - August 22nd, 2026 [August 22nd, 2026]
- First Amendment group rebukes San Joaquin RTD director over threat to sue public critics - Stocktonia - August 14th, 2026 [August 14th, 2026]
- Does the First Amendment Protect Freedom From Religion? - First Liberty Institute - August 14th, 2026 [August 14th, 2026]
- Opinion | Trumps attack on a think tank is an affront to the First Amendment - The Washington Post - August 14th, 2026 [August 14th, 2026]
- Dining hall workers union sues ASU, alleging First Amendment violations - The State Press - August 14th, 2026 [August 14th, 2026]
- ACLU-SC to SC Arts Commission: Respect the First Amendment - ACLU of South Carolina - August 14th, 2026 [August 14th, 2026]
- How does the First Amendment govern liability for AI? - Free Speech Center - August 14th, 2026 [August 14th, 2026]
- Judge Orders Massachusetts Sheriff To Hand ICE Detainee Records to ACLU - First Amendment Watch - August 14th, 2026 [August 14th, 2026]
- Masked men practicing First Amendment right to video in public antagonize residents at post office in Pleasanton - Pleasanton Weekly - August 14th, 2026 [August 14th, 2026]
- How the First Amendment protects our 5 freedoms and why its in danger - The Seattle Times - August 14th, 2026 [August 14th, 2026]
- Dining hall workers suing ASU over First Amendment right to protest working conditions - KTAR News 92.3 FM - August 14th, 2026 [August 14th, 2026]
- Lawsuit Seeks To Ban Trump Media From Charging for Early Access to Presidents Posts on US Policy - First Amendment Watch - August 14th, 2026 [August 14th, 2026]
- Judge Dismisses Trump Administration Lawsuit Alleging Antisemitism at Harvard University - First Amendment Watch - August 14th, 2026 [August 14th, 2026]
- Meta To SCOTUS: Addiction Suits Barred By First Amendment, Section 230 - Yahoo - August 14th, 2026 [August 14th, 2026]
- Another Colorado Attack on the First Amendment Goes to the Supreme Court - Independence Institute - August 14th, 2026 [August 14th, 2026]
- Masked ICE Agent Pulls Gun on Virginia Driver Who Says She Was Exercising First Amendment Rights - National Enquirer - August 14th, 2026 [August 14th, 2026]
- Flag on the play: First Amendment problems with NIL regulation - FIRE | Foundation for Individual Rights and Expression - July 21st, 2026 [July 21st, 2026]
- Removal of CLARITY Acts Section 604 Could Spark First Amendment Battle, Industry Executives Warn - Cryptonews.net - July 21st, 2026 [July 21st, 2026]
- The Forever War and the First Amendment - | Knight First Amendment Institute - July 18th, 2026 [July 18th, 2026]
- Judge dismisses Chelan County deputies' claim that Morrison violated their First Amendment rights - The Wenatchee World - July 18th, 2026 [July 18th, 2026]
- INDIVIDUAL RIGHTS7th Cir.: Former Chicago firefighter cannot revive First Amendment claims involving racist Facebook posts - VitalLaw.com - July 18th, 2026 [July 18th, 2026]
- AI Chatbots Are at Risk of Spreading Government Restrictions on Online Speech, a New Study Says - First Amendment Watch - July 18th, 2026 [July 18th, 2026]
- Viral video at Pride protest prompts Fort Worth police to review First Amendment rights training - WFAA - July 16th, 2026 [July 16th, 2026]
- A New Jersey Judge Defies the First Amendment by Censoring News Coverage of a High School Lockdown - Yahoo - July 16th, 2026 [July 16th, 2026]
- 'They're Violating My First Amendment Right': A Video of a Man Being Removed From a Public Park During Arab Fest Is Dividing X - The Daily Dot - July 16th, 2026 [July 16th, 2026]
- DOJ weighs civil rights probe into Fort Worth police over alleged First Amendment violations - Fox News - July 16th, 2026 [July 16th, 2026]
- Human Rights Groups Sue Over Trump Administrations Sanctions on ICC for Investigations Into Israel - First Amendment Watch - July 16th, 2026 [July 16th, 2026]
- First Amendment Discussion with Journalists and Legal Experts Set for July 21 at National Press Club - PR Newswire - July 16th, 2026 [July 16th, 2026]
- When Speech or Association Undercuts the Mission: A First Amendment Guide for Law Enforcement Agencies - States United Democracy Center - July 16th, 2026 [July 16th, 2026]
- Elon professors join FCC filing on First Amendment, broadcast journalism - Elon University - July 16th, 2026 [July 16th, 2026]
- Letter to the Editor: SCC School Board must respect the First Amendment - baldwin-bulletin.com - July 16th, 2026 [July 16th, 2026]
- Subpoenas Issued to NY Times Reporters Seen as Unprecedented Threat To Press Freedom - First Amendment Watch - July 16th, 2026 [July 16th, 2026]
- Florida Government Weekly Roundup: Crossing The First Amendment - NorthEscambia.com - July 16th, 2026 [July 16th, 2026]
- David Schwartz invokes First Amendment to defend XRP sports ads - Cryptonews.net - July 16th, 2026 [July 16th, 2026]
- First Amendment Protects Universities From Florida's Stop WOKE Act - Reason Magazine - July 16th, 2026 [July 16th, 2026]
- Warwick tries to bar critic from disclosing information obtained in First Amendment suit - The Boston Globe - July 9th, 2026 [July 9th, 2026]
- South Milwaukee Orders Residents to Take Down Whimsical Skeleton Display, a Violation of Their First Amendment Rights - The Institute for Justice - July 9th, 2026 [July 9th, 2026]
- ABC Fights Back Against FCC Regulators in Dispute Over The View and Equal Time Rules - First Amendment Watch - July 9th, 2026 [July 9th, 2026]
- How does the First Amendment apply to AI regulation in hiring and health care? - FIRE | Foundation for Individual Rights and Expression - July 9th, 2026 [July 9th, 2026]
- Judge Orders E. Jean Carroll Be Paid $5.8M in Trump Sex Abuse and Defamation Case; Trump Appeals - First Amendment Watch - July 9th, 2026 [July 9th, 2026]
- First Amendment wins at Supreme Court to the horror of liberal justices - Washington Examiner - July 9th, 2026 [July 9th, 2026]
- Florida Tried to Stop Woke. The First Amendment Stopped Florida. - Cloaking Inequity - July 9th, 2026 [July 9th, 2026]
- ABC fires back at FCC investigation of 'The View' in new comments calling it a First Amendment violation - Fox News - July 9th, 2026 [July 9th, 2026]
- The Equal Rights Amendment and the First Amendment: A Roadmap for a Feminist Future - Ms. Magazine - July 1st, 2026 [July 1st, 2026]
- Expressive Governance Is a First Amendment Threat Hiding in Plain Sight - Tech Policy Press - July 1st, 2026 [July 1st, 2026]
- Supreme Court Strikes Down Limits on Party Spending in Federal Elections, Backing Republican Appeal - First Amendment Watch - July 1st, 2026 [July 1st, 2026]
- Another New York Resident Says He Was Warned by Officers After Criticizing ICE - First Amendment Watch - July 1st, 2026 [July 1st, 2026]
- Gateway Church wins tithing lawsuit dismissal as federal judge cites First Amendment - The Roys Report - June 28th, 2026 [June 28th, 2026]
- ACLU raises First Amendment concerns over Hartland library boards decision to reshelve LGBTQ+ books - News From The States - June 28th, 2026 [June 28th, 2026]
- Weakening Government Coercion by Strengthening Government Regulation - | Knight First Amendment Institute - June 28th, 2026 [June 28th, 2026]
- Former Executive Sues Meta Over Attempts To Silence Her Memoir, Careless People - First Amendment Watch - June 28th, 2026 [June 28th, 2026]
- ACLU raises First Amendment concerns over Hartland library boards decision to reshelve LGBTQ+ books - Iosco County News Herald - June 28th, 2026 [June 28th, 2026]
- New York City Council Candidate Is Accused of Forgery Over AI-Generated Posts - First Amendment Watch - June 28th, 2026 [June 28th, 2026]
- Why the Prairieland case is more about disproportionate justice than it is the First Amendment - Media Nation - June 28th, 2026 [June 28th, 2026]
- Reflecting on Americas 250th anniversary: The First Amendment - Princeton University Press - June 24th, 2026 [June 24th, 2026]