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 Protect Free Speech – Reject Kentucky Senate Bill 8

John Riley

John C. Calhoun, former vice president of the U.S., was born on March 18, 1782.

Here's an excerpt from Calhoun's Disquisition on Government originally published in 1850:

"A written constitution certainly has many and considerable advantages, but it is a great mistake to suppose that the mere insertion of provisions to restrict and limit the powers of the government, without investing those for whose protection they are inserted with the means of enforcing their observance, will be sufficient to prevent the major and dominant party from abusing its powers. Being the party in possession of the government, they will . . . have no need of these restrictions . . ."

The minor or weaker party on the contrary, would take the opposite direction and regard them as essential to their protection against the dominant party . . . . But where there are no means by which they could compel the major party to observe the restrictions, the only resort left them would be a strict construction of the constitution . . . To this the major party would propose a liberal construction -- one which would give to the words of the grant the broadest meaning of which they were susceptible. It would then be construction against construction -- the one to contract and the other to enlarge the powers of the government to the utmost. But of what possible avail could the strict construction of the minor party be, against the liberal interpretation of the major, when the one would have all the powers of the government to carry its construction into effect and the other be deprived of all means of enforcing its construction? In a contest so unequal, the result would not be doubtful. The party in favor of the restrictions would be overpowered. The end of the contest would be the subversion of the constitution . . . the restrictions would ultimately be annulled and the government be converted into one of unlimited powers."

Of course Calhoun's words ring so very true today when one examines the attempts to restrict average individuals from engaging in the political arena.  In this case the "dominant party" that Calhoun refers to is today the Democrat AND Republican party.  Indeed both have joined political forces against average citizens.

Recently, for example, in Kentucky the ongoing push to silence average citizens and strip them of their constitutional rights to free speech and free press is clearly a "bi-partisan" effort by those in control of the forces of government.  Legislation proposed in the current 2008 legislative session in the form of Senate Bill 8 attempts to create a distinction between average citizens (whose rights are explicit in Kentucky's Constitution) and the corporate media.

Kentucky's Constitution clearly states in:

Section 1 the following:  All men are, by nature, free and equal, and have certain inherent and inalienable rights, among which may be reckoned;

Fourth: The right of freely communicating their thoughts and opinions.

and

Sixth: The right of assembling together in a peaceable manner for their common good, ....

Section 3 states: All men, when they form a social compact, are equal; and no grant of exclusive, separate public emoluments or privileges shall be made to any man or set of men.......

Section 8 states: Printing presses shall be free to every person who undertakes to examine the proceedings of the General Assembly or any branch of government, and no law shall ever be made to restrain the right thereof.  Every person may freely and fully speak, write and print on any subject, being responsible for the abuse of that liberty.

And finally Section 26 (which concludes the Kentucky Bill of Rights) states: To guard against transgression of the high powers which we have delegated, We Declare that everything in this Bill of Rights is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or contrary to this Constitution shall be void.

Now, having read the above sections of the Kentucky Bill of Rights, could any reasonable person bend and shape those easily understood words to allow government the force and power to restrict average citizens from engaging in the political process because of their associations with other citizens or by their written or spoken thoughts and opinion about political issues or candidates for public office?  Well, Republican and Democrat Legislators and appointed "Regulators" at the Registry of Election Finance Office have twisted and bent the Bill of Rights so far out of whack that the Constitution and Bill of rights isn't even recognizable anymore in proposed legislation, Senate Bill 8.  And to top it off the testimony of the lead perpetrator of this legislation, Republican Senator Damon Thayer, testified that the legislation was to "make it easier for the average reader to understand". 

Senator Thayer, I've got news for you.  The Kentucky Bill of Rights is clear and easy to understand.  Your convoluted legislation is not.  Your legislation clearly is designed to, and will, confuse the average reader as to what exactly their rights are when it comes to "freely communicating their thoughts and opinions".

Under this proposed legislation "A new section of KRS Chapter 121 is created..." to define various groups and individuals and to draw differences among citizens and groups of citizens that do not exist and are contrary to clear language in Section 3 of the Bill of Rights.

In SB 8 a contribution is partially defined to mean:  "Contribution" shall not include: .... (4) News stories, commentary, or editorials by the media;....  This is an attempt to draw a distinction between a commercial "media" enterprise and average citizens in their ability to "examine the proceedings of the General Assembly or any branch of government" and to "freely communicate their thoughts and opinion" as is stated in the Bill of Rights. 

Further, this legislation defines various committees such as:  "Political issues committee", means three (3) or more persons joining together to advocate or oppose a constitutional amendment or public question which appears on the ballot if that committee receives or expends money in excess of one thousand dollars ($1000);"  

Is this legislation attempting to rewrite Section 8 of the Bill of Rights contrary to Section 26 of the Bill of Rights?   Section 26 is clear and regardless of the efforts by Senator Thayer the Kentucky Bill of Rights is still intact.  This is not an attempt by Senator Thayer to "uphold, protect and defend" the Constitutional rights of individual citizens of the Commonwealth of Kentucky as he is sworn to do by his oath of office.  This is an attempt to highjack the Kentucky Bill of Rights and restrict by ordinary law the freedom and liberty of individual citizens to engage in political discussion and to share thought and opinion with others. 

This legislation defines "Independent expenditure" as the expenditure of money or other things of value for a communication which; b) is made without coordination, consultation, or cooperation with any candidate, slate of candidates, candidate campaign committee, or any authorized person acting on behalf of any of them;....  In other words apparently if an average citizen or group of citizens were to meet with a candidate or candidate representative to discuss their issues, according to this legislation they would then be prohibited from doing anything independent of the campaign to "freely and fully speak, write and print..." their thoughts and opinions about that candidate. 

However, evidently the state's largest newspaper companies and their employees could freely interview and talk or meet with candidates and they would retain their unfettered right to communicate their thoughts and opinions by means of "news stories, commentaries and editorials", creating a distinct advantage for one group of citizens (newspaper owners, editorial boards and reporters) over that of average citizens without any regard as to the value thereof.

One really can't read Section 1, 3, 8 and 26 to say "Printing presses shall be free..UNLESS 3 or more people raise and spend more than $1,000 or have happened to meet with and interview a candidate and if so their right to "freely communicating their thoughts and opinions" is terminated unless they own and operate a newspaper or other media company.   

John C. Calhoun couldn't have been more right!  With Senate Bill 8 having been passed without any opposition in the Kentucky Senate and on the fast track to being passed by the Kentucky House it will be up to Governor Steve Beshear to veto this legislation or for the average citizens of the Commonwealth of Kentucky to act appropriately to reject this attempted infringement of their inalienable rights if enacted. Senator Thayer and others should be ashamed and held accountable for their actions in attempting to strip whole sections of Kentucky's Bill of Rights from the Constitution via ordinary law.

http://www.courier-journal.com/apps/pbcs.dll/article?AID=/20080319/NEWS0101/803190898/1024/NEWS0101

Call the legislative message line at 1-800-372-7181 and leave a message for your State Representative and the House Leadership.  Tell them to reject Senate Bill 8 and protect the Constitutional rights of their citizens. 

John Riley

Taylorsville, KY  

See this commentary on Senate Bill 8, which is taking away your right to free speech

John Riley on  SB 8

http://www.takebackkentucky.com/id68.html

Richard Lewis on SB 8

http://www.takebackkentucky.com/id67.html

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