Friday, May 12, 2006

John McCain v. Freedom of Speech

In his latest column, George F. Will explains why it is significant that Senator John McCain not only co-sponsored the troubling McCain-Feingold campaign law, but also said that he's opposed to the First Amendment to the US Constitution:
Presidents swear to "protect and defend the Constitution." The Constitution says: "Congress shall make no law . . . abridging the freedom of speech." On April 28, on Don Imus's radio program, discussing the charge that the McCain-Feingold law abridges freedom of speech by regulating the quantity, content and timing of political speech, John McCain did not really reject the charge:

"I work in Washington and I know that money corrupts. And I and a lot of other people were trying to stop that corruption. Obviously, from what we've been seeing lately, we didn't complete the job. But I would rather have a clean government than one where quote First Amendment rights are being respected that has become corrupt. If I had my choice, I'd rather have the clean government."
Will suggests that McCain might be a dangerous to the US Constitution, and his views may be a threat to democracy itself:
Which highlights the stark contradiction in McCain's doctrine and the media's applause of it. He and they assume, simultaneously, the following two propositions:

Proof that incumbent politicians are highly susceptible to corruption is the fact that the government they control is shot through with it. Yet that government should be regarded as a disinterested arbiter, untainted by politics and therefore qualified to regulate the content, quantity and timing of speech in campaigns that determine who controls the government. In the language of McCain's Imus appearance, the government is very much not "clean," but it is so clean it can be trusted to regulate speech about itself.

McCain hopes that in 2008 pro-life Republicans will remember his pro-life record. But they will know that, regarding presidents and abortion, what matters are Supreme Court nominees. McCain favors judges who think the Constitution is so radically elastic that government regulation of speech about itself is compatible with the First Amendment. So Republican primary voters will wonder: Can President McCain be counted on to nominate justices who would correct such constitutional elasticities as the court's discovery of a virtually unlimited right -- one unnoticed between 1787 and 1973 -- to abortion?

McCain told Imus that he would, if necessary, sacrifice "quote First Amendment rights" to achieve "clean" government. If on Jan. 20, 2009, he were to swear to defend the Constitution, would he be thinking that the oath refers only to "the quote Constitution"? And what would that mean?