Hillary Clinton, taking a lead from socialist Bernie Sanders, has declared that if elected president, she will not appoint a nominee to the Supreme Court unless that person promises to overturn a Supreme Court case that allowed criticism of one Hillary Clinton.
The Citizens United case has become the bene noir of liberal politics. The case was about a citizens group that planned to release a movie during the height of the 2008 presidential campaign about Mrs. Clinton. The Federal Election Commission (FEC) said they could not. The Supreme Court, by the narrowest of margins, said they could.
At issue was the ill-convinced McCain-Feingold law that made it a felony offense punishable by up to five years in prison to broadcast the movie or pay for advertising promoting sales of the movie during the 2008 election cycle solely because of its political content. During the oral arguments before the Supreme Court, Justice Alito asked a simple question: Could the government ban books if the content of the book was designed to promote a candidate? The Deputy Solicitor General replied: ‘Yes.’
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In what should have been a unanimous decision, the court overturned the government’s effort to censor the movie, with the liberal wing of the court standing with the government in favor of restrictions on freedom of speech. Since then, the decision has been attacked uniformly by liberal partisans who have even gone so far as to submit a Constitutional Amendment to change the First Amendment for the first time in American history.
Now, Hillary has entered the fray. She has declared that any person she suggests for the Supreme Court will have to pass the Citizens United litmus test. In short, that nominee will pledge to allow the government to bar criticism of the President of the United States. Thomas Jefferson is rolling in his grave.
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