Thursday, July 6, 2017

Sen. Stabenow's record on free speech

In 2014 Senator Debbie Stabenow was a co-sponsor of U.S. Senate Joint Resolution 19, a resolution to amend the U.S. Constitution to overturn the freedom of speech portion of the First Amendment.

Stabenow's constitutional amendment was filibustered when the U.S. Senate failed to obtain the 60 votes necessary to end debate. The vote was 54 to 42 on September 11, 2014.

The amendment would abridge the freedom of speech specifically regarding elections, allowing Congress to pass laws forbidding groups like Right to Life of Michigan from educating voters. Stabenow's amendment would give Congress specific authority to criminalize all election communications from any groups or organizations. The amendment expressly mentions not abridging the freedom of the press, however, presumably allowing news corporations to be the only groups allowed to influence elections. The amendment is unclear as to what constitutes the "press," potentially requiring news corporations to seek licenses from the government to print election articles or candidate endorsements.

The First Amendment reads, "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."

Right to Life of Michigan is an organization made up of many people who peacefully organize together to petition government and educate the public about our grievances regarding issues like abortion, euthanasia, etc., both inside and outside of election season.

The context of Sen. Stabenow's resolution is the U.S. Supreme Court ruling in Citizens United v. F.E.C. The federal government was attempting to ban a film critical of Hillary Clinton from being shown on television. In the majority opinion Justice Anthony Kennedy wrote, "If the First Amendment has any force, it prohibits Congress from fining or jailing citizens, or associations of citizens, for simply engaging in political speech."