Freedom of speech limited 60 days before elections?

General » General Discussion

[ARCHIVED THREAD] - Freedom of speech limited 60 days before elections?

Posted: 12/31/2003 8:37:27 AM EDT

Is it true that you can't talk about political candidates 60 days before an election?

Posted: 12/31/2003 8:38:50 AM EDT

[#1]

Yes.

Posted: 12/31/2003 8:39:32 AM EDT

[#2]

You can't run political ads talking about candidates during that period, as I understand it.

Apparently five "justices" of the Supreme Court decided that "Congress shall make no law" didn't mean anything either.

Posted: 12/31/2003 8:44:21 AM EDT

[#3]

Talk show hosts won't even be able to field callers, that want to talk about a candidate in those 60 days.

Posted: 12/31/2003 8:44:23 AM EDT

[#4]

Does anyone know where I can find more information on this?

Posted: 12/31/2003 8:47:36 AM EDT

[#5]

Odious as the law is, it isn't a blanket prohibition on speech. As I understand it, the prohibition is against "electioneering" by entities which receive corporate or union funds within the time limits. It is still the first prohibition on political speech ever upheld by the SCt, and an abomination.

Posted: 12/31/2003 8:51:26 AM EDT

[#6]

Quoted:
Talk show hosts won't even be able to field callers, that want to talk about a candidate in those 60 days.

View Quote

That is not true.

Only paid advertising is being verboten. If you are lucky enough to own a radio show or a network, you can say anything you want, as can your guests.

Posted: 12/31/2003 9:10:07 AM EDT

[#7]

All 298 pages of the scotus ruling

[url]http://www.supremecourtus.gov/opinions/03pdf/02-1674.pdf[/url]

The Law

[url]http://www.law.cornell.edu/background/campaign_finance/bcra_txt.pdf[/url]

Posted: 12/31/2003 11:12:21 AM EDT

[#8]

There are three factors the law considers when in regards to "freedom of speech":

1. Time
2. Place
3. Content

The law has concluded that the government can limit the time and place of free speech. However, the government cannot regulate the content.

The time: 60 days before elections
The place: Network television
The content: Candidates

And that is our law.

Posted: 12/31/2003 11:24:51 AM EDT

[#9]

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Posted: 12/31/2003 11:25:47 AM EDT

[#10]

Oh, like I give a damn about THAT stupid law....just a second, brb, somebody is knocking on my do.........

Posted: 12/31/2003 11:41:36 AM EDT

[#11]

[b]Amendment I[/b] to the United States Bill of Rights:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or [red]abridging the freedom of speech, or of the press;[/red] or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

[lolabove]

[b]Amendment II[/b]

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

Posted: 12/31/2003 11:44:00 AM EDT

[#12]

Uh,...technical point... Paul, those are amendments to the [i]Constitution[/i] not the Bill of Rights.

Scott

[ARCHIVED THREAD] - Freedom of speech limited 60 days before elections?

General » General Discussion

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