Archive

Posts Tagged ‘Free Speech’
May 2nd, 2017 at 9:30 am
1st Amendment Nightmare: Overturning Citizens United “Would Permit the Banning of Political Pamphlets by the Federal Government”
Posted by Print

In one of our latest Liberty Update commentaries, we note how leftists believe in 1st Amendment free speech rights for powerful mainstream media organizations, but not for everyday citizens like the plaintiffs in Citizens United, who need protection most of all.  A timely new book entitled “The Soul of the First Amendment” by eminent constitutional lawyer (he worked on both the Pentagon Papers case and Citizens United) Floyd Abrams surveys the history of 1st Amendment disputes, and dismantles government attempts to limit free speech.

Yesterday’s Wall Street Journal book review praises Mr. Abrams’s effort, and highlights one moment from oral argument over Citizens United before the Supreme Court, when then-Solicitor General Elena Kagan openly admitted that a ruling against the plaintiffs in that case would’ve allowed the federal government to prohibit political pamphlets:

His legal defense of the New York Times over its decision to publish the Pentagon Papers in 1971 made him a hero to the left.  Four decades later, he earned enmity from former comrades by appearing before the U.S. Supreme Court in 2010’s Citizens United case, which urged the court to affirm the right of corporations to spend money on political campaigns.  In the end, the court did – and Mr. Abrams found himself aligned with the political right.  He was particularly chilled by a statement made by Elena Kagan, then President Obama’s solicitor general and now one of the Supreme Court’s more liberal justices who, during oral argument, acknowledged that her constitutional theory would permit the banning of political pamphlets by the federal government.  Indeed, the more you may revile Citizens United (or think you do), the more essential it is to read Mr. Abrams’s principled defense of that decision and how to learn how he was persuaded to change his mind about the fundamental liberty inherent in campaign spending.”

In other words, opponents of the Citizens United decision would accept restrictions that could’ve banned The Federalist Papers or Thomas Paine’s Common Sense.  The implications of that should terrify and motivate Americans who believe in the freedom of speech for everyday citizens.

October 21st, 2016 at 10:20 am
Podcast: Prosecutorial and Government Abuses
Posted by Print

Timothy Lee, CFIF’s Senior Vice President of Legal and Public Affairs, discusses recent attacks by liberal opponents of free speech and CFIF’s victory in the U.S. Court of Appeals for the D.C. Circuit.

Listen to the interview here.

May 13th, 2016 at 7:09 am
The Suppression of Conservative Speech
Posted by Print

In an interview with CFIF, Mario Lopez, President of the Hispanic Leadership Fund, discusses the concerted, cross-country campaign to force private organizations to hand over to the government their donor lists, a recent federal court ruling in California that vindicates donor privacy and the allegations of suppressed conservative speech by Facebook.

Listen to the interview here.

December 18th, 2015 at 11:30 am
Yalies Say: Blow Up the First Amendment!
Posted by Print

Yale University last month was the scene of student protests against what Time magazine described delicately as “the racial insensitivity of the school’s administration.”

To recap: In October, lecturer and associate master Erika Christakis sent an email to her students at one of the university’s residential colleges responding to a campus-wide letter on culturally sensitive Halloween costumes. “Is there no room anymore for a child or young person to be a little bit obnoxious,” she wrote, “…a little bit inappropriate or provocative or, yes, offensive?”

Her students’ short answer: No.

Filmmaker and satirist Ami Horowitz decided to visit Yale “to take this campus free speech debate to its logical conclusion.” Horowitz asked students if they would sign a petition to repeal the First Amendment. No tricks. No funny wording. The pitch couldn’t have been more straightforward.

“The result was this unbelievable display of total stupidity,” Horowitz told Fox News.

Well, maybe not so unbelievable, as Kevin D. Williamson chronicled at National Review when the lunacy in New Haven was near its peak.

In any case, watch Horowitz’s video and see for yourself.

Yale spokesman Tom Conroy questioned the veracity of the video, telling the Daily Beast: “There are a number of heavily edited prank videos like this one circulating lately in which someone surreptitiously records people while pretending to support a position that they actually oppose, and trying to get the individuals they speak with to agree with them.”

(That Daily Beast story is best read in its entirety. Horowitz offers many interesting insights on the video, including this: “One girl had the honesty to say, ‘I don’t know what’s in the First Amendment,’” recalled Horowitz… “She pulled it up on her phone, read it thoughtfully, and said ‘Okay, I’ll sign this,’” said Horowitz. “That one blew me away.”)

Not to be outdone, Harvard’s Office for Equity, Diversity, and Inclusion and the Freshman Dean’s Office last week began distributing what The College Fix describes as “holiday placemats for social justice” in college dining halls.

According to The Harvard Crimson:

[T]he placemats pose hypothetical statements on those topics and offer a “response” to each of those in a question and answer format. For example, under a section entitled “Yale/Student Activism,” the placemat poses the question, “Why are Black students complaining? Shouldn’t they be happy to be in college?” and suggests that students respond by saying, “When I hear students expressing their experiences on campus I don’t hear complaining.”

In the center of the placemat are what it calls “tips for talking to families,” with recommendations such as “Listen mindfully before formulating a thoughtful response” and “Breathe.”

That’s good advice to parents, too. Take a deep, cleansing breath and remember you’re only spending $60,000 a year for this hokum. Then have another eggnog. Maybe make it a double.

October 29th, 2015 at 12:18 pm
CFIF Opposes Burdensome New FEC Disclosure Rule
Posted by Print

The Center for Individual Freedom (“CFIF”) this week submitted comments to the Federal Election Commission (“FEC”) in response to a petition requesting the FEC establish a new rule requiring corporations and other organizations – specifically 501(c)(4) not-for-profit groups – that contribute to independent-expenditure-only committees (Super PACs) to do so through a separate segregated account subject to burdensome disclosure requirements.

CFIF opposes the proposed rule on grounds that it contradicts the unambiguously expressed intent of Congress and thereby exceeds the FEC’s statutory authority, that it would not serve the purposes ostensibly advanced by the petition, and that it would burden core First Amendment speech.

The petition for rulemaking was filed by Make Your Laws PAC, Inc. and Make Your Laws Advocacy, Inc.  CFIF’s comments were prepared by Wiley Rein, LLP.

Read CFIF’s comments here.

September 5th, 2015 at 10:06 am
Hillary, Iran and Silencing Dissent
Posted by Print

Timothy Lee, CFIF’s Senior Vice President of Legal and Public Affairs, discusses Hillary Clinton’s conduct as Secretary of State, the Iran deal and how speech regulation is used to silence dissent.

Listen to the interview here.

September 9th, 2014 at 11:39 am
Former FEC Chairman Pans So-Called DISCLOSE Act of 2014
Posted by Print

In an interview with CFIF, Bradley Smith, Founder of the Center for Competitive Politics and former Federal Elections Commission Chairman, discusses the numerous flaws of the so-called DISCLOSE Act of 2014. 

Listen to the interview here.

May 22nd, 2014 at 6:29 pm
A Victory for Political Freedom
Posted by Print

From the USA Today:

WASHINGTON — The Internal Revenue Service said Thursday it would start over on its controversial rule limiting the political activity of certain tax-exempt groups, propose a new rule that would take into account a backlash of opposition.

The announcement made official what IRS Commissioner John Koskinen told USA TODAY last month — that the IRS would put out a new proposal and seek more public comments before overturning a 57-year-old precedent allowing certain tax-exempt groups to engage in limited amounts of political activity.

Great news, though, alas, it sounds like the IRS will come back for another bite at this apple. Still, this buys time for those who believe that this entire endeavor is a misbegotten exercise in letting government narrow the parameters of political engagement.

There are few threats to freedom as great as allowing those in power to control what those out of power — which may be liberals one year and conservatives the next —can do or say about politics. Any truly ‘liberal’ society gives the opposition room to flower. May the IRS never complete this exercise.

The announcement made official what IRS Commissioner John Koskinen told USA TODAY last month — that the IRS would put out a new proposal and seek more public comments before overturning a 57-year-old precedent allowing certain tax-exempt groups to engage in limited amounts of political activityWASHINGTON — The Internal Revenue Service said Thursday it would start over on its controversial rule limiting the political activity of certain tax-exempt groups, propose a new rule that would take into account a backlash of opposition.
The announcement made official what IRS Commissioner John Koskinen told USA TODAY last month — that the IRS would put out a new proposal and seek more public comments before overturning a 57-year-old precedent allowing certain tax-exempt groups to engage in limited amounts of political activity.
January 30th, 2014 at 5:41 pm
Leader McConnell: Obama “Declaring a War” on Free Speech By Using IRS to Target Political Dissent

November 26th, 2013 at 4:44 pm
The Walls Close in on Civil Society
Posted by Print

A few weeks ago, I wrote a column here entitled “America’s Fascist Moment.” I generally try to avoid such loaded terms in print, but the reason I used that other F-word was precisely because we’ve allowed its common connotation to obscure its actual meaning.

People usually associate ‘fascism ‘with the worst kinds of authoritarians, especially Adolf Hitler. And, true enough, Hitler was an extreme example of a fascist at work. Generally, however, fascism is a bit more subtle than that (really, though, what isn’t more subtle than the Third Reich?).

What the term actually means is erasing the lines between the state and civil society; ensuring that everything we do is tied to the government. In the famous formulation of Benito Mussolini, it’s “All within the state, nothing outside the state, nothing against the state.” Needless to say, that’s about as far away as you can get from the traditional American notion of limited government, where the state is only valuable insofar as it serves the people, not the other way around (for the single best volume on this, I recommend Jonah Goldberg’s truly fantastic Liberal Fascism).

When history renders its ultimate judgment on the Obama Administration, any fair reading will note the deep fascist tendencies that pervade this Administration. If you need any proof, you need only look at the headlines of the past few days.

First, you’ve got the President exhorting his disciples to use Thanksgiving dinner to harangue family members about Obamacare, even going so far as to provide pages worth of printable talking points to his minions (I recently took this up at Ricochet).

Then you’ve got the Administration’s continued efforts to force employers to violate their consciences and provide birth control for their employees even if it violates the teachings of their faith, a fight that it was announced today will head to the Supreme Court in the spring.

Finally, there’s the news that Obama’s Treasury Department is proposing cracking down on tax-exempt status for non-profit groups that engage in what the Administration believes to be too much political activity. Liberals and conservatives alike should understand the grave danger that would come with giving the Executive Branch that kind of power to regulate political activity. There’s no such thing as a free polity where those in power get to punish those who aren’t simply for voicing their opinions.

Having a free society, however, doesn’t seem to be a priority for the Obama Administration. This is an Administration that would rather beat its enemies while violating the noblest traditions of American government than lose because they stood on principle. You’d be hard-pressed to think of another White House that ever threatened liberty so directly and so consistently.

December 21st, 2012 at 8:41 pm
Podcast: An Assault on Christmas and Free Speech
Posted by Print

In an interview with CFIF, Robert Knight, senior fellow for the American Civil Rights Union and a columnist for The Washington Times, discusses the most recent cases related to attempted bans on Christmas decorations, the ACLU’s threatened lawsuit over opening government meetings with a prayer and free speech versus the sound of silence.

Listen to the interview here.

September 25th, 2012 at 3:18 pm
Obama Continues Foreign Policy by Apology at the U.N.
Posted by Print

In my column last week, I noted how preposterous it was that the Obama Administration continued to bend over backwards to distance itself from the video (falsely) claimed to have ignited the recent round of violence in the Middle East:

Speaking shortly after the attacks, Secretary of State Hillary Clinton pronounced, “that the United States government had absolutely nothing to do with this video. We absolutely reject its content and message… to me personally, this video is disgusting and reprehensible. It appears to have a deeply cynical purpose: to denigrate a great religion and to provoke rage.”

Let’s assume for a moment that Clinton is right and that the film was made for the express purpose of working global Islam into a lather. Even taking that as a given, should the apology come from the nation of 300 million where one man produced some two-bit agritprop or from the part of the world where thousands took to the streets in violence because of a bit of inert satire tamer (and, remarkably, less coherent) than the average “Saturday Night Live” episode?

Speaking earlier today at the United Nations General Assembly, President Obama prolonged the inanity:

That [violence and intolerance] is what we saw play out the last two weeks, as a crude and disgusting video sparked outrage throughout the Muslim world. I have made it clear that the United States government had nothing to do with this video, and I believe its message must be rejected by all who respect our common humanity. It is an insult not only to Muslims, but to America as well – for as the city outside these walls makes clear, we are a country that has welcomed people of every race and religion. We are home to Muslims who worship across our country. We not only respect the freedom of religion – we have laws that protect individuals from being harmed because of how they look or what they believe. We understand why people take offense to this video because millions of our citizens are among them.

I know there are some who ask why we don’t just ban such a video. The answer is enshrined in our laws: our Constitution protects the right to practice free speech.

Contra the president, this video doesn’t demonstrate “intolerance.” Stupidity? Yes. Bad filmmaking? Yes. Garden variety prejudice? Maybe. But being critical of the beliefs of others, even to the point of gratuitious rabble-rousing, is not the same thing as “intolerance.” The filmmakers were tolerating Islam; they weren’t advocating that anyone be silenced or harmed. By contrast, Islamists who engaged in violence to the point of cold-blooded murder ostensibly because of a YouTube video were the intolerant ones.

The cherry on top of this whole debacle was the President’s statement on the video to the ladies(?) of The View. As reported by the Weekly Standard:

In the age of the Internet, and you know, the way that any knucklehead who says something can post it up and suddenly it travels all around the world, you know, every country has to recognize that, you know, the best way to marginalize that kind of speech is to ignore it.

Not a terrible idea. And you know what’s a great way to begin implementing this strategy? Not devoting paragraphs to this film at the U.N. when we know that it wasn’t the catalyst for the recent blood lust.

September 18th, 2012 at 12:52 pm
Breaking: CFIF Wins Historic First Amendment Court Victory
Posted by Print

This is why we do what we do, and why CFIF’s mission is important.

Today, in conjunction with the Hispanic Leadership Fund, CFIF secured a critical victory on behalf of the First Amendment rights to free speech and free association.  In a unanimous decision that arrived just four days following oral argument on the issue, a notably quick turnaround time when rulings typically arrive months later, the United States Court of Appeals for the District of Columbia Circuit reversed, vacated and remanded a recent lower court decision infringing upon the right of the people to engage in protected speech and associate in privacy.  The case was initiated by Representative Chris Van Hollen (D – Maryland), who apparently never internalized the First Amendment’s explicit provision that, “Congress shall make no law … abridging the freedom of speech, or of the press, or the right of the people to peaceably assemble, and to petition the Government for a redress of grievances.”

Vindicating the Supreme Court’s Citizens United and Wisconsin Right to Life decisions, the Court of Appeals noted the muddled nature of campaign finance regulations generally:

After reviewing the record with care, we conclude that the District Court erred in holding that Congress spoke plainly when it enacted 2 U.S.C. § 434(f), thus foreclosing any regulatory construction of the statute by the FEC.  The statute is anything but clear, especially when viewed in the light of the Supreme Court’s decisions in Citizens United v. FEC, 558 U.S. 310 (2010), and FEC v. Wis. Right to Life, Inc. (“WRTL II”), 551 U.S. 449 (2007).”

This constitutes an enormous and welcome win for the freedoms of speech and association, one that all who value the First Amendment can celebrate.

September 18th, 2012 at 10:23 am
Islamism’s Threat to Free Speech
Posted by Print

From CNS News:

Six months after declaring that all churches in the Arabian peninsula should be destroyed, Saudi Arabia’s top cleric called at the weekend for a global ban on insults targeting all religious “prophets and messengers,” a category that, from a Muslim perspective, includes Jesus Christ.

Saturday’s demand by Saudi grand mufti Sheikh Abdul Aziz Al-Asheikh came on the same day that another of Sunni Islam’s most prominent figures, Egypt’s Al-Azhar University grand imam Ahmed el-Tayyeb, made a similar appeal.

Lest we think this is a phenomenon isolated to the Middle East, let us remember that there is no idiotic attempt to suppress liberty abroad that won’t find a sympathetic ear in our own State Department. Under the Obama Administration, Foggy Bottom has gone out of its way to accommodate the Islamic world’s fervor for anti-blasphemy laws by acceding to sympathetic UN resolutions. This may seem like nothing more than superficial bridge-building, but we know the course these impulses can take in the West, as embodied by the growing trend of aggrieved Muslims attempting to use liberal sensitivity to “hate speech” as a way to exact punishment on their critics from the judicial system.

The islamists’ tactics give the lie to their ideology. On one hand, they want us to believe that they represent a powerful, ascendant culture. On the other, their attempts to forcibly silence their critics betrays a deep and pervasive insecurity.

Great societies disprove their detractors. Weak ones send them to the stocks.

June 25th, 2012 at 3:31 pm
Brevity Is the Soul of Sound Jurisprudence – Supreme Court Strengthens Free Speech
Posted by Print

Somewhat lost amid today’s Supreme Court ruling on Arizona’s SB 1070, the Court reinforced First Amendment free speech rights as affirmed in Citizens United v. Federal Election Commission.  In fact, the Court did so without the need for full review, oral argument and exhaustive written briefing.  Demonstrating in this instance that brevity is the soul of sound jurisprudence, the Court in American Tradition Partnership v. Bullock overturned a Montana Supreme Court decision favoring a ban on political speech that flatly contradicted Citizens United.  The single-page majority opinion is notable for its cogency:

A Montana state law provides that a “corporation may not make . . . an expenditure in connection with a candidate or a political committee that supports or opposes a candidate or a political party.”  Mont. Code Ann. §13–35–227(1) (2011).  The Montana Supreme Court rejected petitioners’ claim that this statute violates the First Amendment.  2011 MT 328, 363 Mont. 220, 271 P. 3d 1.  In Citizens United v. Federal Election Commission, this Court struck down a similar federal law, holding that “political speech does not lose First Amendment protection simply because its source is a corporation.”  558 U. S. ___, ___ (2010) (slip op., at 26) (internal quotation marks omitted).  The question presented in this case is whether the holding of Citizens United applies to the Montana state law.  There can be no serious doubt that it does.  See U. S. Const., Art. VI, cl. 2. Montana’s arguments in support of the judgment below either were already rejected in Citizens United, or fail to meaningfully distinguish that case.

The petition for certiorari is granted. The judgment of the Supreme Court of Montana is reversed.

It is so ordered.”

The First Amendment, the Constitution itself and free speech have been vindicated.

June 18th, 2012 at 4:10 pm
Scenes from a McCain Presidency
Posted by Print

The margin of victory in the 2008 presidential race was so wide — and the election of Barack Obama so historic — that we rarely stop to imagine what it would have been like were we now well into the third year of John McCain’s presidency.

Needless to say, we’d be better off on a wide variety of fronts. McCain, a consistent fiscal hawk, not only wouldn’t have indulged in a record-setting debt binge like Barack Obama, he may well have made a serious run at entitlement reform. And as a stalwart advocate for a strong national defense, it seems overwhelmingly obvious that McCain would have taken a harder line with Iran than the “diplomacy at all costs” approach embraced by the Obama Administration.

In other areas, however, McCain would have been an utter nightmare. Can anyone imagine how one of the namesakes of the McCain-Feingold political speech law would have reacted to the Supreme Court’s Citizens United decision? Based on this report from the New York Times, it may have been even worse than Obama:

In his 2010 State of the Union address, President Obama roundly criticized the Supreme Court’s Citizens United decision, arguing that it had “reversed a century of law.” That practically sounds like a hymn of praise compared to what Senator John McCain had to say on “Meet the Press” this weekend. He called Citizens United: “arrogant, uninformed, naïve.” …

“I think there will be scandals associated with the worst decision of the United States Supreme Court in the 21st century,” he said. Referring to the justices on the Court, he added, “I just wish one of them had run for county sheriff.”

This was on the heels of McCain criticizing casino magnate Sheldon Adelson’s contributions to Republican causes, saying that the fact that he owns a gaming facility in Macau could mean that “foreign money is coming into American political campaigns.”

This serves as one more reminder that, as McCain himself essentially told us four years ago, he’s basically an economic illiterate. Someone with foreign business interests donating to a political campaign is subversive of the integrity of domestic elections? Does Merrill Lynch, McCain’s biggest donor in 2008, only invest in domestic entities? Does Fed-Ex, another major donor, only ship within the 50 states? Since the obvious answer is no, how was McCain able to escape the corrupting influence of foreign money?

The point here is not to hammer those companies; quite the contrary. They were completely within their rights to give political donations, as is Adelson. The point is that McCain’s fetish for regulating political speech is both hypocritical and inimical to a free society. Giving government the power to regulate what free citizens may say about the government (and when and where they may say it) is a fundamental threat to liberty.

On this one front, at least, we can be happy that McCain was never able to bring the powers of the White House to bear.

March 13th, 2012 at 12:24 pm
Feminist Trio Trying to Use FCC to Shut Down Limbaugh
Posted by Print

Oh, those champions of free expression on the left. From the Daily Caller:

Three stalwarts of the feminist movement — Gloria Steinem, Jane Fonda and Robin Morgan — have added their voices to the calls to take radio giant Rush Limbaugh off the air.

The co-founders of The Women’s Media Center put pen to paper over the weekend to request that the public complain and urge the Federal Communications Commission to revoke the licenses of stations that carry “The Rush Limbaugh Show.”

“This isn’t political. While we disagree with Limbaugh’s politics, what’s at stake is the fallout of a society tolerating toxic, hate-inciting speech,” they wrote. “For 20 years, Limbaugh has hidden behind the First Amendment, or else claimed he’s really ‘doing humor’ or ‘entertainment.’ He is indeed constitutionally entitled to his opinions, but he is not constitutionally entitled to the people’s airways. It’s time for the public to take back our broadcast resources.”

It’s amazing, isn’t it? The left — which see McCarythism around every corner — instinctively turns to government force to squelch the opinions of those they despise. And as for “toxic, hate-inciting speech” … well, Limbaugh wasn’t the one cheering on the Viet Cong, Ms. Fonda.

November 29th, 2011 at 2:50 pm
Richmond Tea Party Gets Taxed While Occupiers Protest for Free

Here’s a story that serves as a great response to people who say there’s no difference between the Tea Party and Occupy movements.  The Tea Party in Richmond, VA, got a business license, rally permits, and paid $10,000 for the privilege of exercising their First Amendment rights to speech and assembly.  The Occupy Richmond mob, on the other hand, squatted on public property for days without jumping through any of the legal hoops that ensure the health and safety of a civilized society.  When the Tea Party complained, the City of Richmond sent them an audit claiming the group failed to pay excise taxes for its events.

What hypocrisy!  Lawbreakers are allowed to devalue public goods like parks while law-abiding citizens who follow the rules are sent an extra bill to pick up the tab.  If local government officials aren’t careful they are going to teach all Americans that the rule of law only applies when you want it to.  If that’s the governing philosophy going forward, it’s time to renegotiate the social contract.

H/T: Fox News

September 27th, 2011 at 2:57 pm
Obama Administration Cracks Down on Speaking Out Against the Regime
Posted by Print

Those of us who objected to the federal bailout of the automotive industry were delighted when Ford recently launched this ad, playing up the fact that it didn’t take taxpayer money:

Apologies for the handheld quality, but there’s a reason for it: Ford has now pulled the ad — including taking down the YouTube version. And at least one of the sources of their newfound timidity seems to be in the White House. Daniel Howes, a columnist in the Detroit News, writes:

Ford pulled the ad after individuals inside the White House questioned whether the copy was publicly denigrating the controversial bailout policy CEO Alan Mulally repeatedly supported in the dark days of late 2008, in early ’09 and again when the ad flap arose. And more.

With President Barack Obama tuning his re-election campaign amid dismal economic conditions and simmering antipathy toward his stimulus spending and associated bailouts, the Ford ad carried the makings of a political liability when Team Obama can least afford yet another one. Can’t have that.

The ad, pulled in response to White House questions (and, presumably, carping from rival GM), threatened to rekindle the negative (if accurate) association just when the president wants credit for their positive results (GM and Chrysler are moving forward, making money and selling vehicles) and to distance himself from any public downside of his decision.

Sources at the White House have been quick to insist that there was no actual pressure on the automaker. But there didn’t have to be. The fact that there was even communication on the issue was a major ethical breach. The idea that the executive branch would gripe at a private company over a perfectly legitimate ad campaign is antithetical to the American tradition of free speech. This is what we would expect from Vladimir Putin on a slow day, not the team surrounding the President of the United States.

Don’t think that the adminstration was simply peeved that a major corporation would have the temerity to criticize the visionary mandarins of the Obama White House. More than anything, they were terrified that it would work.

April 25th, 2011 at 12:50 pm
Obama’s Gray Davis Moment

Along with lying about the size of the budget deficit and imposing a steep rise in the car tax, California Governor Gray Davis did something else to guarantee his historic recall: impose a pay-to-play “donation” schedule on groups wanting to do state business.  Want a permit from the Coastal Commission?  How about a government contract to manage welfare cases?

For Davis & Co. there was only one question: How much did you contribute to my campaign?

Former Federal Elections Commissioner Hans von Spakovsky obtained a draft executive order that would implement the substance of the Disclose Act, a bill promising to chill corporate political speech before it was defeated in Congress last year.

According to von Spakovsky, the proposed executive order claims to “increase transparency and accountability,”

Yet this proposed Executive Order would require government contractors to disclose:

(a) All contributions or expenditures to or on behalf of federal candidates, parties or party committees made by the bidding entity, its directors or officers, or any affiliates or subsidiaries within its control.

(b) Any contributions made to third party entities with the intention or reasonable expectation that parties would use those contributions to make independent expenditures or electioneering communications.

In layman’s terms, that means the federal government wants to know which political groups you’ve been giving money to before it will consider awarding a government contract.

In an editorial today, the Wall Street Journal (subscription required) notes that the order exempts federal employee labor unions and the recipients of federal grants, both dues paying members of the Democratic Party.

At the moment, the Right is deploring the president’s last-ditch effort to silence dissenting political views after losses in the courts, Congress, and the FEC.  (Especially since Obama’s executive order specifically targets only those entities most likely to disagree with him.)

However, the Left should be leery of this latest version of gangster government.   There’s only a hair’s breadth of difference between punishing “bad” political expenditures, and demanding “good” ones.  As the deposed Gray Davis showed in California, a government nosy enough to punish its enemies, is a government powerful enough to tax its friends.