Ari and Linn Armstrong recently wrote an excellent column for the Grand Junction Free Press on the clash between campaign finance laws and freedom of speech. Ari was kind enough to give me permission to repost it here, and he also sent me a version with links added. Also, below the column, you’ll find the full text of his interview with Eric Daniels.
Also, if you’re not reading Ari’s blogs — AriArmstrong.com (on faith and politics) and FreeColorado.com (on politics and culture) — you should be.
Time to speak out for free speech
by Linn and Ari Armstrong
Free speech is under assault in America by state and federal governments, despite constitutional protections.
Both major presidential candidates are enemies of free speech. In 2002, John McCain rode the McCain-Feingold campaign censorship law through Congress. Among other things, the law prohibited select groups from running certain political ads before elections, though the Supreme Court struck down some of the worst parts of the law. Barack Obama wants federal controls on media ownership, his spokesperson told Broadcasting & Cable.
Some conservatives want more censorship over pornography. Many on the left call for censorship of the radio by forcing broadcasters to air certain views; supporters laughably call their scheme the “Fairness Doctrine.”
Here in Colorado, various activists have faced legal threats for daring to exercise their rights of free speech. For example, in 2006 Becky Clark Cornwell put up yard signs and protested a plan to annex her community of Parker North into the city of Parker in Douglas County.
A supporter of annexation filed a legal complaint against Cornwell and others, claiming they had engaged in “illegal activities” under Colorado’s campaign censorship laws.
Lisa Knepper of the Institute for Justice (IJ), a civil rights group that defended Cornwell and her neighbors, said that, while the U.S. District Court ruled the group could not be penalized, the court “failed to change the law to prevent such abuses of campaign finance law in the future, so we’re appealing to the 10th Circuit.”
ABC’s 20/20 featured Cornwell in an October 17 story about the campaign finance laws. Cornwell said “the lawsuit was used in an effort to shut us up about the annexation, to scare us enough and clobber us with these laws so that we wouldn’t talk about it any more.”
20/20 paid people to try to fill out Colorado’s campaign forms. Nobody did so successfully. One subject said, “A regular citizen cannot read this legalese.” Another said, “I’d rather just not get involved in the political process if I have to go through the nonsense that I had to go through today.”
Steve Simpson, the IJ lawyer defending the Parker North residents, said he’s also defending the Independence Institute, which was sued over its criticisms of Referenda C and D in 2005. Simpson is awaiting a decision from the Colorado Court of Appeals. He said “it would be impossible” for the Independence Institute, a think tank, to comply with the reporting requirements as an issue committee, because the group gets funds for general purposes and spends them on a wide variety of issues.
Even though we’ve condemned Amendment 48, which would absurdly define a fertilized egg as a person in the state constitution, we were displeased to see that a fellow named John Erhardt sued the Amendment 48 campaign for petty violations of the campaign censorship laws. Erhardt gloats on his blog, “So, while the fine of $150 won’t break their campaign, they did have to spin their wheels to defend this.”
Diana Hsieh, co-author of the paper “Amendment 48 Is Anti-Life” at SecularGovernment.us, said the advocates of 48 “should be free to advocate their views — not bogged down in opportunistic legal action by opponents… I want opponents of Amendment 48 to be spending their time arguing against the substance and philosophy of it, not playing campaign finance dirty tricks.”
Finally, Douglas Bruce has taken flak in the media [one and two] for mailing a flyer against Amendment 59 and Referendum O through a nonprofit group, Active Citizens Together, without filing the legal paperwork that some think applies.
It’s past time to rethink the validity of the campaign censorship laws, along with all the other restrictions on free speech. We checked in with Eric Daniels of the Clemson Institute for the Study of Capitalism, and he offered a refreshingly consistent defense of our rights.
Daniels said, “Free speech means the right (not privilege) of individuals to express their opinions without government censorship of any kind, whether by hindering speech through regulation or through restricting it through prosecutions after the fact.”
We don’t even like requirements to report contributions. People have a right to speak anonymously. There’s no clear way to distinguish between advocacy and education. And, the voters can demand disclosure with their votes.
Daniels agrees: “If politicians wish to disclose the source of their financing to the public, they are free to do so… The electorate can indeed decide through voting whether to support candidates who do or do not disclose their financing. Contributing money to a political candidate or to supporters or opponents of a ballot measure should properly be a matter between the private parties themselves.”
Government should not abridge “the freedom of speech, or of the press.” Politicians have gotten away with doing just that for far too long. If we wish to retain and restore our other liberties, we must above all fight for our rights of free speech.
Linn is a local political activist and firearms instructor with the Grand Valley Training Club. His son Ari edits FreeColorado.com from the Denver area.
Full Interview with Eric Daniels
Note from Ari: My purpose in contacting Daniels was not to cover familiar ground, but to elicit responses about some of the most difficult implications of free speech. Until I thought more carefully about the matter on October 23, talked with another friend about it, and contacted Daniels, I wasn’t sure about my position on the matters of campaign-finance disclosure and campaigns by foreigners. Now I am sure. I am for freedom, not controls.
Daniels’s answers follow the questions in italics:
Briefly, why do you think free speech has come under attack by both right and left in recent decades?
Fundamentally, the reason free speech is under attack by both is because both fail to understand the nature of individual rights. The majority opinion in politics today holds that rights are gifts from the government that allow individuals to do some things as long as they do not upset certain vested interests. In the case of free speech, politicians believe that you should be allowed to say what you want as long as it does not, for example, offend religious or ethnic groups or as long as what you say is not backed by too much money, or as long as what you say meets some vague notion of community standards. But that is not free speech. Free speech means the right (not privilege) of individuals to express their opinions without government censorship of any kind, whether by hindering speech through regulation or through restricting it through prosecutions after the fact.
Should the law require disclosure of campaign-related expenses? I’m leaning no. People have a right to speak anonymously. There’s no clear way to distinguish between advocacy and education. And, the voters can demand disclosure with their votes. Do you agree with this? Explain.
I do not think the law should require public disclosure of campaign- related financing. If politicians wish to disclose the source of their financing to the public, they are free to do so. Likewise, if they choose to keep their donors’ identities to themselves, they should also be free to do so. The electorate can indeed decide through voting whether to support candidates who do or do not disclose their financing. Contributing money to a political candidate or to supporters or opponents of a ballot measure should properly be a matter between the private parties themselves. It does not matter how much a person gives or how much air time he buys, voters always remain free to take the message for which he has paid in the appropriate context. No one forces the voters to believe or discredit any given message, they do so of their own will.
Should the law prohibit campaign contributions from foreign entities and people? For instance (Diana Hsieh raised this example), if the U.S. were going impose a tariff on British goods, should British citizens be able to campaign against it in the U.S.?
Giving money to a political campaign is an issue of individual right — that is, the donor who has earned his wealth has a right to give it to whatever candidate he chooses, and the candidate has a right to accept money from anyone he chooses. Foreign citizens or political action committees have just as much right to speak as do Americans. Again, if there is some belief on the part of voters that foreign influence is unduly affecting some candidate, the voters retain the right to demand that the candidate disclose the source of his funding or face losing their votes.
Is there anything else we should know about free speech in the modern era?
Even though much of the recent controversy about free speech is tied to speech about political issues, it is important to remember that we have the freedom of speech not just because it facilitates a robust discussion of public policy (which is the unfortunate modern interpretation), but because it is a right of each individual to express his ideas in the manner he chooses and to reach whatever size an audience his rightly-earned wealth will allow.
