Schumer and Van Hollen hope to chill the speech of their political opponents. A majority of the court should recognize such abusive mandates for what they are and invalidate them.

By John Samples at Daily Caller

Three months ago, the United States Supreme Court handed down its landmark First Amendment decision in Citizens United v. Federal Election Commission. The court decided that Congress may not prohibit funding of political speech by corporations, labor unions, and nonprofit groups. Congress promised a quick response to that decision. That response—the DISCLOSE Act—has one good feature—and several bad ones.

On the good side, Congress has accepted the court’s ruling in Citizens United. Congress might have simply enacted again the invalidated speech prohibition and dared the court to strike it down. Instead, Congress has decided to propose more subtle constraints on speech.

The DISCLOSE Act, like all campaign finance regulation, presents itself as high-minded concern in the public interest. The truth is uglier. The majority party in Congress fears that free spending on speech will lead to electoral losses in November. Sensing public outrage about bailouts, Democratic leaders like Schumer and Van Hollen hope to scapegoat despised groups like corporations, bailout recipients and foreigners to improve their party’s prospects in the coming election.

Let’s begin with the DISCLOSE part of the bill, an acronym for “Democracy is Strengthened by Casting Light on Spending in Elections.” The light cast here by mandated disclosure would be on group leaders and donors. A corporate chief, union head, or nonprofit leader would be required to say they approved a campaign message. Donors supporting the speech would also be disclosed.

The court said in Citizens United that Congress could compel disclosure of spending on speech. Even if they are approved, these disclosure mandates seek to restrict freedom of speech. Congress, especially the Democratic leadership, fears free spending on political speech by businesses and other groups.

Deprived of the power to prohibit such speech, Sen. Charles Schumer and Rep. Chris Van Hollen hope that forcing disclosure will lead to a backlash by customers or shareholders against the relevant businesses or groups. If so, the leaders of the businesses or groups in question may decide to the costs of speaking out are too high and remain silent. In other words, Schumer and Van Hollen hope to chill the speech of their political opponents. A majority of the court should recognize such abusive mandates for what they are and invalidate them.

FULL STORY

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