Last week House Minority Leader Nancy Pelosi (D) followed fellow congressional Democrats as they proposed to ratify an amendment to the U.S. Constitution which would permit Congress to regulate political speech when it is engaged in by corporations. I have some bad news for Nancy. The Founders had an idea and it was not called "democracy." Our Founders had an idea and it was called a Constitutional Republic which limited the size of Government, leaving the real power in the hands of the people. Pelosi and other liberal Democrats hate the truth so they keep attempting to twist and bend the first amendment to meet their political dream of power over the people.
Why it Can't Work The Supreme Court’s 2010 decision in Citizens United v. Federal Election Commission ruled the First Amendment protects a corporation’s rights to free speech (including its right to speak about politicians and their records) in the same way that individuals do. This has been looked at as a fight over corporation’s rights but I would like to point out that I believe this is actually a fight over people’s rights.
Let’s look at this at a very rudimentary level… Here is an example: Regardless of where you fall on the political spectrum, no one would dispute that I have a right to free speech, right? In the same respect, if you and I have an agreement and decide to write it down on paper, that we paid for from the store, have we sacrificed our first amendment right because we paid for something? No.
Similarly, no one would dispute that if you and I have an agreement on something politically, and as a result of that agreement we decide to make a video and put it on YouTube together that we are still protected under the first amendment. Now what if a bunch of us decided to call ourselves a corporation and paid for advertising and decided to put our thoughts on TV. At what point does the first amendment end?
What is a Corporation? A corporation is a legal fiction. It is a group of people defined under the law who have a common interest. This law says that that legal fiction does not have a first amendment right. You know what would happen if this were actually passed, right? All of the businesses from Coca-Cola to Forbes would reorganize as partnerships. Then the question would be, “does a partnership have a first amendment right?” Does a 2 person, 5 person, 10 person partnership have a first amendment right?
Again, corporations are essentially groups of people joined together for a common interest and they don’t have rights, where does it end? At what point does it become that one person has no rights?
As the amendment is written, it is very broad and doesn’t exempt the media which could potentially put the government in a position to censor everything from South Park and Saturday Night Live to Channel 6 Action News that is, if it’s something that is owned and produced by a corporation. This is obviously not good.
Does the Government Really Need More Control?
The obvious answer here is NO. But think of this, when the government can ban people from joining together collectively to speak through corporate entities (which include unions for that matter, since they are just another form of corporation) then the only large entity left able to speak will be the government.
This is what statists like the supporters of this proposal really want. I believe that we could use amendments to the Constitution, but ones which reduce the power of the federal government and restore the Constitution’s original limits on federal power. It is the federal government which is the real threat to rule by the people.
Allen West is Right Once the government starts regulating what they can or can not say, there really is no end to their control. Looks to me like Allen West is right..communists and socialists are openly advocating and indeed violating the constitution on a daily basis. I wouldn‘t be surprised if the Marxist in the white house didn’t make a move to repeal the 22nd amendment...Although he’s routinely bypassed congress before so I'm sure he could think of another way to seize power and total control. With idiots like this in government the only logical next stop is..tyranny.