Tag: elections

Democrats’ H.R. 1 Sets ‘Unconstitutional’ Limits on 1st Amendment: Free Speech Group

“Buried in H.R. 1’s nearly 800 pages is a censor’s wish list of new burdens on speech and donor privacy. It proposes a democracy where civic engagement is punished and where fewer people have a voice in our government, our laws, and public life,” Eric Wang, the author of the study, said in a statement accompanying the release of the analysis. He is an IFS senior fellow and special counsel in the election law practice group at the Washington law firm of Wiley Rein, LLP.

Among the 14 constitutional problems identified by the IFS analysis in H.R. 1’s Title IV—including especially subtitles B, C, and D—the first are provisions that “unconstitutionally regulate speech that mentions a federal candidate or elected official at any time under a vague, subjective, and dangerously broad standard that asks whether the speech ‘promotes,’ ‘attacks,’ ‘supports,’ or ‘opposes’ (PASO) the candidate or official.”

“This standard is impossible to understand and would likely regulate any mention of an elected official who hasn’t announced their retirement.”

The proposal does that by creating a new category of regulated speech called “campaign-related disbursements” by nonprofit advocacy groups and others interested in communicating about public policy issues.

Such speech would include any public communications that mention a specific candidate for federal office and attacks or supports that candidate “without regard to whether the communication expressly advocates a vote for or against” the candidate.

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Real headline, folks: The Votes of Black Americans Should Count Twice

Black votes in this country are worth less than white votes. Joe Biden won the Electoral College because Black voters in Atlanta, Detroit, Milwaukee, and Philadelphia turned out in significant numbers. But even with overwhelming Black support—94 percent of Detroit voted for Biden!—the outcomes in Georgia, Michigan, Wisconsin, and Pennsylvania were worryingly close.

The Argument is a column where writers and thinkers propose a provocative idea that may not be politically realizable in the short term but that pushes one to think broader about a pressing issue of public importance.

One core problem is the Electoral College. Wyoming, which has just 580,000 residents and is 93 percent white, gets three electors because of its two senators and one representative in the House. By comparison, Georgia’s Fifth Congressional District—which includes Atlanta, has 710,000 residents, and is 58 percent Black—has no dedicated electors or senators and can only occasionally overcome the mostly white and conservative votes from elsewhere in the state. This devaluation of Black votes allows our political system to ignore Black lives, and the consequences are devastating. Unequal representation has led to unequal health care outcomes, which the Covid-19 pandemic has only worsened. Without sufficient voting power, Black communities receive substandard education, and politicians are free to appoint judges who sanction mass incarceration, abusive policing, and electoral disenfranchisement.

This is all by design. The Constitution’s framers set up the Electoral College to protect the interests of slave states. Along with the Senate, the Electoral College was critical in the endurance of slavery and its continuation by other means. Abolishing this system would mean that ballots cast by Black voters—or any voters, for that matter—would count the same.

But there’s another way to undo the damage of the Electoral College and other structurally racist political institutions: We can implement vote reparations by double-counting ballots cast by all Black residents. The poisonous legacy of slavery applies to Black people regardless of when we or our ancestors arrived in this country. Vote reparations should also extend to Native Americans. Slavery is rightly called America’s original sin, but so too was the United States’ genocidal seizure of land from its original inhabitants. Various legal forms of disenfranchisement have applied to them. It wasn’t until 1962 that all Native Americans were allowed to vote, and even then they faced—and still face—electoral obstacles. These are not the only examples of American oppression; we should include in vote reparations others who have suffered similar disenfranchisement.

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