Tuesday, September 1, 2009

Regulatory Czar

I've been hearing a few quotes from this czar, Cass Sunstein, that are very troubling. You can check out a .pdf of various quotes on different subjects here: Sunstein Quotes

There is a specific quote that I want to talk about:
"A legislative effort to regulate broadcasting in the interest of democratic principles should not be seen as an abridgment of the free speech guarantee."
--Cass R. Sunstein, Democracy and the Problem of Free Speech, The Free Press, 1995, p. 92 (a search will show this in google books)

I think that of course regulation would be an abridgement of the free speech guarantee, but the point that I think the discussion is missing is this - the actual wording of the First Amendment. In case your memory is a little rusty, the First Amendment says:

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

Did you catch that? It says that not only will the Congress not make laws to limit free speech, but also that they will not make laws to limit freedom of the press. If you legislate broadcasting, wouldn't that be limiting the freedom of the press? So, even if somehow you can make the case that regulation would not be limiting speech of the individual, regulation of broadcasting would still be in direct violation of the First Amendment.

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