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How Much Does Free Speech Cost?

Chief Justice John Roberts

John Roberts, Chief Justice of the Supreme Court

The full majesty of the United States Supreme Court was on display the other day when the conservative majority proclaimed that rich and poor alike can now give as much money and they please to as many political candidates as they choose, so long as they don’t give more than $5,200.00 to any one individual.

Chief Justice John Roberts wrote the opinion of the court’s conservative majority. He found that the restrictions on campaign giving, which limited the number of candidates to whom you could give money, violated the Constitution. Roberts wrote that such restrictions “intrude without justification on a citizen’s ability to exercise the most fundamental First Amendment activities.”

In a wonderful example of non-sequitor thinking, Roberts wrote, “Money in politics may at times seem repugnant to some, but so too does much of what the First Amendment vigorously protects. If the First Amendment protects flag burning, funeral protests and Nazi parades — despite the profound offense such spectacles cause — it surely protects political campaign speech despite popular opposition.”

Somebody from Sesame Street should point out to the Chief Justice that merely because we find certain things repugnant, doesn’t mean they have any other relation to each other or to something else we find repugnant.

Anyone who so desires can burn a flag, protest at a funeral or parade with Nazis. But only the very rich can give away money in the thousands or millions to influence an election. In the last presidential election, Sheldon Adelson, the casino billionaire, along with his family, gave over $53 million to super PACs to help elect Republican candidates from Mitt Romney on down to a Representative from New Jersey. Thanks to the conservative Roberts court, the rich have considerably more freedom of speech than the poor.

More Notes


Tim Carmody, in his excellent piece, "How Haiti Became Poor", notes that President Trump's racist policies and vulgar language have sullied the word "shithole" which used to be one of the all-time great swear words. He's right. It's another terrible power this careless President wields.