[EL] Let’s Put Citizens United to the Test: Pakistani Agent $ in U.S. Elections

[James Woodruff]

Well said.

Sent from my HTC on the Now Network from Sprint!

----- Reply message -----
From: "Jon Roland" <jon.roland at constitution.org>
Date: Tue, Jul 19, 2011 1:48 pm
Subject: [EL] Let’s Put Citizens United to the Test: Pakistani Agent $ in U.S. Elections
To: "law-election at department-lists.uci.edu" <law-election at department-lists.uci.edu>

No, such a prosecution is not constitutional. How many ways does one have to repeat that "no law" really means no law. Nada, nil, ningun, diddly, ingen, zero, zilch, nie, κανένας, Žádný, keiner, nitko, ни, aucun, nici, nessuno, никой, nenhum.

There is also no constitutional authority for much of what is contained in the Foreign Agents Registration Act. Under the law of nations the government may control entry, and to a limited degree, the activities of aliens as a condition for being allowed entry, but it is also a violation of the First Amendment to extend that to speaking or publishing to anyone.

The only constitutional remedy for the undue influence of money on officials is tit-for-tat bribery while on federal territory, not on state territory, where there is no constitutional authority for any kind of bribery prosecution except as a condition for employment. If you want to reduce the influence of money in politics, you are just going to have to educate the public to disregard it. If they fall for it, they get what they deserve, and we aren't doing them any favors trying to shield them from their own folly.

There is nothing written in the stars that humanity is adequate to survive threats. That is the real test, and we may deserve to fail it.

On 07/19/2011 11:06 AM, Rick Hasen wrote:
If this activity is proven against the Pakistani agent, would prosecution of the agent be unconstitutional under the First Amendment?

-- Jon

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