S. 714 so unconstitutional even a caveman recognizes it
Unfortunately, S. 714 was amended today to revert back to the bill as drafted. I was compelled to take the floor and argue the demerits of the bill and further more the unconstitutionality of this awful piece of legislation. “This bill is so unconstitutional, even a caveman can recognize it” was my point. Ya’ll need to remember that my mother is of the Hectorgundersoug family (Norwegian immigrants). Norwegians are know for their sarcasm. Back to the issue.
Points to ponder as we delve into this hysteria:
-The definition of political awareness organization is so broad it could essentially prohibit a group of concerned citizens from attending the local fair to distribute literature promoting animal rights unless they register with the government and disclose their donor base.
-NAACP v. Alabama 1958 was a case in the heated battle of the civil rights movement. Alabama passed a similar law that many believe was an effort to persecute those giving money to the NAACP. The Supreme Court ruled this unconstitutional on grounds of violation of our first amendment right of free speech.
-This bill could be interpreted as a jailable offence when organizations are noncompliant. Are we going to arrest every South Carolinian that is a member of the AARP if the AARP continues to promote their agenda for seniors?
-The Ron Paul revolution has impressed me. Ron Paul’s support is an inch wide and a mile deep. I’ve seen bed sheets spray painted hanging off bridges supporting his candidacy. This kind of political activism is impressive; I can’t in good conscience try to squelch this enormous effort. Could S. 714 define these freedom fighting citizens as “political awareness organizations”? Maybe so.
-The bill applies mainly to 501(c) 4s and 527s but we need to remember that the IRS is constantly questioning the qualifications of 501(c)3s. Recently, the NAACP was under investigation and the IRS almost changed their status from a c3 to a c4.
Remember I count pills for a living as I’m not the expert to argue constitutionality of an issue. However, we held our own yet my motion to table lost 18-22; closer than I ever imagined. We fought the good fight, and hopefully the House of Representatives can correct our errors or S. 714 get the Governor’s veto. I am very grateful for the unyielding members of the SC Senate that stood for freedom: Alexander, Bryant, Campsen, Ceips, Cleary, Courson, Cromer, Fair, Gregory, Grooms, Martin, Massey, McConnell, Ritchie, Ryberg, Setzler, Thomas, Vaughn*, Verdin
February 7th, 2008 at 7:16 am
so the communist party is the majority of the sc senate?
February 7th, 2008 at 7:17 am
mo se tung would be impressed with this gag law
February 7th, 2008 at 5:18 pm
[...] S. 714 so unconstitutional even a caveman recognizes it [...]
February 7th, 2008 at 5:59 pm
Vote the bums out! If you don’t you will get something you don’t want and that is slavery. You will not even own yor children.
February 7th, 2008 at 8:41 pm
Bryant, NAACP v. Alabama was about freedom of assembly. I’ll sell you an entire set of Wikipedia for $100.
February 7th, 2008 at 9:57 pm
[...] hyperventilation over S. 714 is getting better as the bill was sent back to Judiciary Committee to be revisited. [...]
February 8th, 2008 at 12:27 am
Kevin,
Keep up the good work,
DanR
February 8th, 2008 at 12:30 am
I believe your clock is off time!
My prior message was registered at at 12:27 am Feb 8th, 2008.
Check this out …. my time is now 5:30PM Feb 7th, 2008
DanR
February 8th, 2008 at 4:20 am
A few random points…
The NAACP is a 501c3, not a 501c4. The purposes are different, specifically that the 501c4 is DESIGNED to lobby government and/or influence public opinion and activity.
The money collected in secret by high government officials can easily be converted for private benefit. It is important that the public know who the paymaster of their leaders are. Who does a governor making $106,000 listen to? The Taxpayers or those secret donors giving him millions of dollars?
There are roughly 1.5 million tax exempt groups in America. Less than 1% get audited every year. Nonprofits are the preferred mechanism used to launder drug and stolen money.
This argument comes down to who we want to control the public debate. Anonymous rich people than can out buy all the “free speech” they need, or taxpaying citizens. Senator Bryan is with the rich people. Me? I am for the taxpayers.
February 8th, 2008 at 4:11 pm
[...] to this debate, Senator Bryant was a real leader in challenging the constitutionality of S.714 (see HERE and [...]
February 8th, 2008 at 7:27 pm
One could also describe McCain_Feingold as the new alien and sedition act which 714 could well be a clone of in effect.
Anyone remember the alien and sedition act and how it was struck down?
February 8th, 2008 at 11:03 pm
Few Points: 1)It is my understanding the NAACP was being forced to turn over its “agents” and/or “membership”. 2)The Supreme Court threw out a local ordinance outlawing pamphleteering unless the author’s name was printed on it (left my notes in Columbia and don’t remember the case name). The court interpreted the Constitutional right to free speech to include anonymous free speech. Whether you agree with Supreme Court decisions or not (often I don’t ex. New London CN) the right to free speech has been upheld in several cases for decades. I have yet to find an attorney to admit S. 714 would survive a court challenge. Fortunately, my colleagues realized that with a 41-0 vote to re-commit.
February 11th, 2008 at 3:51 pm
[...] to this debate, Senator Bryant was a real leader in challenging the constitutionality of S.714 (see HERE and HERE). full [...]
June 6th, 2008 at 4:21 pm
[...] never met, but we’ve seen him in action, and that speaks louder than words (Examples HERE, HERE, [...]