Silent Coup

Photo Credit: AP“The constitutional amendment before us,” Harry Reid said Tuesday, describing a proposal to give federal and state governments the authority to regulate political giving, “isn’t about limiting free speech.”

Harry Reid, may I present the American Civil Liberties Union. I am sure you two have met before.

Writing in June that the nonprofit “strongly opposes” the so-called Udall amendment, the ACLU’s Laura Murphy and Gabriel Rottman called the Democratic proposal “deceptively complex,” “unnecessary,” “redundant of existing law,” “dangerous for liberties,” “vague,” “overbroad,” “exceedingly dangerous to democratic processes,” and “the first time the amendatory process has been used to directly limit specifically enumerated rights and freedoms.” Reid’s baby, the ACLU said, would “‘break’ the Constitution” by “amending the First Amendment.”

Two levels of government would be permitted “to criminalize and censor all issue advocacy that mentions or refers to a candidate under the argument that it supports or opposes that candidate.” Recall that Citizens United, which the Udall amendment is supposed to address, was not about Tea Party Astroturf. It was about the FEC’s attempt to censor a film critical of her royal highness.

The mandarins at the FEC and IRS, as well as their counterparts at the state level, would be responsible for distinguishing political communications that “support or oppose” a candidate from those that do not. They would penalize the individuals and groups they subjectively deem violators of administrative diktat. If this is not about “limiting free speech,” what is?

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