August 3, 2010

J-S editorial "baseless, frivolous"

"What are they hiding?" What are they protecting, you mean.
[W]e don't believe this lawsuit is really about fears about free speech ... Rather, it is fear that donors will be less willing to give if they can't do it in secret ...
Well, those are precisely fears about free speech.

In constitutional law, money is speech (like it or not) and a rule requiring a speaker (donor) to identify herself has a chilling effect, which tends to abridge speech, which violates the First Amendment.

It's not rocket surgery.

1 comment:

capper said...

They also got the other editorial incorrect as well. It makes all the sense in the world to have an investigation into O'Donnell Park, and none whatsoever to maintain one rife with conflicts of interest.