Congress
Leader McConnell: McConnell On The Judicial Bureaucracy And The First Amendment
.....“Free speech has been an animating principle for my entire career in the Senate. I am second to no one in my defense of the First Amendment. So I’ve found the recent habit of the federal judiciary’s bureaucracy to try and abridge its protections alarming, to say the least.
“The courts are where citizens go to have their free speech rights vindicated against censorious government officials. I know this from experience: I sued to stop the anti-speech campaign finance rules signed into law by President Bush, and I took it all the way to the Supreme Court.
“But where do people go when the courts decide to behave like any other branch of government? When they put other interests over the First Amendment? Even having to ask the question is troubling.
“Two of my colleagues and I recently wrote to the head of the Standing Committee on federal rules to express our opposition to a proposed amendment to the rules governing appellate courts.
“The amendment is the result of persistent bullying of Senate Democrats, and it would force parties seeking to be heard as friends of the court to disclose their donors in certain instances.
“The forced disclosure of donors is a longstanding offense against the First Amendment. This has been abundantly clear since Justice Harlan eloquently explained it in NAACP v. Alabama. The courts only tolerate forced disclosure in the case of actual candidate electioneering to ensure election integrity.
“But court cases aren’t elections, and friends of the court aren’t candidates. And the fact that the Appellate Rules Committee doesn’t understand this and wants to chill free speech by mandating donor disclosure is a shocking reversal of the NAACP v. Alabama.
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