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Did The Missouri Truth Squad Violate Federal Law?

Obama’s attack on the First Amendment

Andy McCarthy slams Barack Obama and his campaign for its free-speech thuggery of the past few weeks in his latest NRO column.  Forget Islamist encroachment via shari’a, McCarthy advises.  Now we have the tyranny of The One before us, and it may yet prevail

Critics of the BCRA (McCain-Feingold) had the same concern over its application, especially when the FEC considered applying its provisions to the blogosphere.  People scoff at warnings such as this from McCarthy and say, “Charges would never stand up in court,” but the prosecutors wouldn’t have to prevail in court in order to win.  If political criticism ran the risk of an expensive criminal defense, how many of us would indulge ourselves in our First Amendment right to speak truth to power?

Some may be tempted to shrug this off as an ironic payback to McCain for the BCRA, but McCarthy rejects that.  In both cases, the true victim isn’t an opposing politician but the Americans who assumed that the First Amendment guaranteed the right to political speech more than the right to dance nude in front of drunk frat boys.  Allowing this kind of legal intimidation to political speech guarantees that we will have less of it.  It also shows a certain tendency towards fascism among Team Obama’s supporters that voters should carefully consider.



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