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.
Read the original here:
David Harsanyi The senators who really threaten America
- Ninth Circuit Holds that Californias Captive-Audience Ban Violates the First Amendment - Littler Mendelson P.C. - October 30th, 2026 [October 30th, 2026]
- Watchdog accuses Texas State of 'egregious' First Amendment breach over paid advertisement - San Antonio Current - October 30th, 2026 [October 30th, 2026]
- From Armbands to T-Shirts: Student Speech and the First Amendment - The National Constitution Center - October 30th, 2026 [October 30th, 2026]
- CNN, MS NOW and Politico Ask Court To Make Trump Access Order Permanent - First Amendment Watch - October 30th, 2026 [October 30th, 2026]
- OUR VIEW: The First Amendment keeps you out of jail. It doesnt keep you employed. - Herald-Zeitung - October 30th, 2026 [October 30th, 2026]
- Federal judge hears argument from FIU students involved in alleged racist group chat who say their First Amendment rights were violated - WSVN - October 30th, 2026 [October 30th, 2026]
- 'Have these people READ the First Amendment?' REACTION to GOP leaning into Islamophobic attacks - Modern Ghana - October 30th, 2026 [October 30th, 2026]
- Editorial: A frantic GOP attacks the First Amendment and the truth - Orlando Sentinel - October 24th, 2026 [October 24th, 2026]
- Tom Costello on the First Amendment and the Future of Free Speech - NBCU Academy - October 24th, 2026 [October 24th, 2026]
- To Chill or Not to Chill: The First Amendment Beyond the Presidents Press Room - JURIST News - October 24th, 2026 [October 24th, 2026]
- UMD Athletics agrees to First Amendment training after student journalists questioned by police - The Baltimore Banner - October 24th, 2026 [October 24th, 2026]
- Judge Orders Trump To Sit for a Deposition in His Defamation Lawsuit Against the BBC by Dec. 11 - First Amendment Watch - October 24th, 2026 [October 24th, 2026]
- Florida GOP lawsuit to censor TV stations fails Sunshine State and First Amendment - Freedom of the Press Foundation - October 24th, 2026 [October 24th, 2026]
- A Trump Appointee Says the President Likely Violated the First Amendment by Banishing Disfavored Journalists (opinion) - Yahoo - October 17th, 2026 [October 17th, 2026]
- Journal of Free Speech Law: "How Matal v. Tam Became a First Amendment Case: The Record and the Reality" by Simon Tam - Reason Magazine - October 17th, 2026 [October 17th, 2026]
- Judge blocks Trump's White House ban targeting CNN, MS NOW and Politico, saying it likely violated First Amendment - CBS News - October 17th, 2026 [October 17th, 2026]
- The Future of the First Amendment: Young Adults - Ipsos - October 17th, 2026 [October 17th, 2026]
- The Future of the First Amendment: Young Adults - Knight Foundation - October 17th, 2026 [October 17th, 2026]
- Litigators of the Week: A First Amendment Win for CNN, Politico and MS NOW Against White House Press Ban - Law.com - October 17th, 2026 [October 17th, 2026]
- BBC Asks Judge To Force Trump To Sit for Deposition in His Own Lawsuit Against the Channel - First Amendment Watch - October 17th, 2026 [October 17th, 2026]
- Penn Carey Law hosts discussion on DEI and First Amendment after closing equity office - Campus Reform - October 17th, 2026 [October 17th, 2026]
- Broward Teachers Union president alleges First Amendment violation after meeting removal - WPLG Local 10 - October 17th, 2026 [October 17th, 2026]
- Judge prohibited First Amendment defense in trial over naked Shrek image - Axios - October 17th, 2026 [October 17th, 2026]
- Judge: Trump likely violated First Amendment by banning new outlets from White House - Straight Arrow - October 17th, 2026 [October 17th, 2026]
- A Trump appointee says the president likely violated the First Amendment by banishing disfavored journalists - Reason Magazine - October 17th, 2026 [October 17th, 2026]
- Ousted Publisher Says Hegseths Pentagon Ordered Him To Fire Journalists, Made Clear You Have No First Amendment Rights - Mediaite - October 4th, 2026 [October 4th, 2026]
- Letter to the Editor: Trump continues his assaults on the First Amendment - Chico Enterprise-Record - October 4th, 2026 [October 4th, 2026]
- LETTER: Trump and the First Amendment - Las Vegas Review-Journal - October 4th, 2026 [October 4th, 2026]
- The First Amendment at the stadium gate: Who controls speech on a public stage? - Daily Journal - October 4th, 2026 [October 4th, 2026]
- The Trump White House Keeps Treating the First Amendment as More of a Suggestion - Balls and Strikes - October 4th, 2026 [October 4th, 2026]
- OPINION: The First Amendment belongs to all of us - DerbyInformer.com - October 4th, 2026 [October 4th, 2026]
- Why the First Amendment is first - The Tryon Daily Bulletin - October 4th, 2026 [October 4th, 2026]
- An attorney with ties to North Dakota is leading a high-stakes First Amendment battle against Trump - kvrr.com - October 4th, 2026 [October 4th, 2026]
- Ousted Publisher Says Hegseth's Pentagon Ordered Him To Fire Journalists, Made Clear 'You Have No First Amendment Rights' - yahoo.com - October 4th, 2026 [October 4th, 2026]
- Man sues Kingsport, police over 2022 arrest, claims First Amendment rights violation - WJHL - September 24th, 2026 [September 24th, 2026]
- Editorial: Trumps news outlet ban stands in opposition to the First Amendment - The Virginian-Pilot - September 24th, 2026 [September 24th, 2026]
- What is the First Amendment and why did 3 news outlets sue Trump? - nbcmiami.com - September 24th, 2026 [September 24th, 2026]
- Dont you just love the First Amendment! - - Smoky Mountain News - September 24th, 2026 [September 24th, 2026]
- Restoring Judicial Review Under the Freedom of Information Act - | Knight First Amendment Institute - September 24th, 2026 [September 24th, 2026]
- CNN, Politico, MS NOW Sue Trump Administration Over White House Access: First Amendment Analysis - Freedom Forum - September 24th, 2026 [September 24th, 2026]
- 251. Newsgathering, the First Amendment, and the White House - One First | Steve Vladeck | Substack - September 24th, 2026 [September 24th, 2026]
- 5 Ways DHS Agents Intimidated Americans Using Their First Amendment Rights - Common Cause - September 24th, 2026 [September 24th, 2026]
- CNN, MS NOW, Politico Sue Over Denied White House Access, Citing First Amendment - WTTW News - September 24th, 2026 [September 24th, 2026]
- Does the presidents White House media ban violate the First Amendment? Lawyer explains - WATE 6 On Your Side - September 24th, 2026 [September 24th, 2026]
- UWEC Professor teaches about first amendment law amid media outlet ban from White House - WEAU - September 24th, 2026 [September 24th, 2026]
- A record number of Americans think the First Amendment goes too far - WAMU - September 24th, 2026 [September 24th, 2026]
- United States: CNN, MS NOW, and Politico file First Amendment lawsuit over White House access ban - ipi.media - September 24th, 2026 [September 24th, 2026]
- Californias Addictive Feeds Law Violates Teens First Amendment Rights - eff.org - September 24th, 2026 [September 24th, 2026]
- On Constitution Day, is the US fumbling the First Amendment? - nmsuroundup.com - September 24th, 2026 [September 24th, 2026]
- Trump has not beaten the First Amendment, try as he might - The Seattle Times - September 24th, 2026 [September 24th, 2026]
- EDITORIAL: President Violates the First Amendment, Mainstream Publications Get a Taste of What the Black Press Has Long Experienced Exclusion - The... - September 24th, 2026 [September 24th, 2026]
- Student journalist sues University of Texas at Dallas for First Amendment violations - Dallas Observer - September 24th, 2026 [September 24th, 2026]
- Detroit Free Press. . First amendment reporter BrieAnna Frank explains how President Trumps ban on several news outlets from the White House will test... - September 24th, 2026 [September 24th, 2026]
- Opinion | Trumps attacks on the First Amendment go well beyond just freedom of the press - ms.now - September 24th, 2026 [September 24th, 2026]
- The Wolf Came As A Wolf: Trump and the First Amendment - Civil Discourse with Joyce Vance - September 24th, 2026 [September 24th, 2026]
- The First Amendment gives Americans a superpower: Petitioning the government to right wrongs - The Seattle Times - September 13th, 2026 [September 13th, 2026]
- The war on terror weakened the first amendment. Now we desperately need it | Jameel Jaffer - The Guardian - September 13th, 2026 [September 13th, 2026]
- CBS Argues First Amendment Protections in Bid to Dismiss Matlock Writer Lawsuit Over Allegedly Racist Comments - The Hollywood Reporter - September 13th, 2026 [September 13th, 2026]
- Kentucky leads 14-state coalition to SCOTUS on First Amendment rights - Eyewitness News (WEHT/WTVW) - September 13th, 2026 [September 13th, 2026]
- The First at 250: A Conversation on the First Amendment - Knight Foundation - September 13th, 2026 [September 13th, 2026]
- The Forever War and the First Amendment, Thu, Sep 10, 2026, 9am - 5pm - Community Calendar - ABC7 New York - September 13th, 2026 [September 13th, 2026]
- Kid Cudi Says First Amendment Protected Firing M.I.A. From Tour, Wants $2.8 Million Lawsuit Tossed - Law Commentary - September 13th, 2026 [September 13th, 2026]
- Police have dual role in protecting public and First Amendment rights | Op-Ed - The Seattle Times - September 13th, 2026 [September 13th, 2026]
- Democrats obliterated the First Amendment right to assembly: RFK Jr - Yahoo - September 13th, 2026 [September 13th, 2026]
- Trump Cant Call Ballots Mail and Escape the First Amendment - Jurist.org - September 8th, 2026 [September 8th, 2026]
- Judge Refuses To Block Pentagon From Firing Stars and Stripes Staffers Over CBS Interview - First Amendment Watch - September 8th, 2026 [September 8th, 2026]
- Uniform doesnt come with First Amendment waiver - oleantimesherald.com - September 8th, 2026 [September 8th, 2026]
- UW to pay $600,000 to professor after losing First Amendment fight over his parody land acknowledgment - Alaska Story - September 8th, 2026 [September 8th, 2026]
- First Amendment auditor convicted of trespassing at Conn. officers home - Police1 - September 8th, 2026 [September 8th, 2026]
- Labor Day: Brought to You by the First Amendment - Freedom Forum - September 8th, 2026 [September 8th, 2026]
- 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]