Is The Bell Tolling For McCain-Feingold And Its Predecessors?

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4 Responses

  1. I'm very curious to see the reaction if/when SCOTUS overturns McCain/Feingold. I suspect the reaction will be surprisingly muted – there's not really anyone who can say that, even without regard to free speech concerns, the law succeeded in making things better.

  2. Patrick says:

    Reaction from whom, Mark?

  3. Sorry – reaction from proponents of the law.

  4. David Schwartz says:

    I agree. McCain/Feingold is kind of a failed experiment. You could tell that very few people were happy with where it has brought us.

    The post is directly on target. It seems like it would be easy to ban categories of "harmful" speech. The problem becomes when someone comes up to you and points out their non-harmful speech is banned too, and you can't figure out how to pass a law banning only "bad" speech without the government having to decide which speech is bad and which good and everyone having to worry that their speech will be deemed "bad" and thus a felony.