I have tremendous respect for Hugh Hewitt, but I think he's gone off the rails here. Excerpt:

Many correspondents ask why I haven't rushed to join in the condemnation of the FEC's move to shut down the blogs. Answer: I have been teaching the First Amendment for a decade, and it isn't going to happen because it would be patently and obviously unconstitutional to classify the content of a political blog --which is essentially a cyber-newspaper-- as within the purview of the FEC.
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I think the conversation was useful, but not nearly as important as some think. Commissioner Smith's a very smart guy, and he got what he probably set out to get: An early warning to the FEC staff that it is silly beyond words to attempt such a thing. And blatantly unconstitutional.

Professor Hewitt probably uttered the following words a couple of years back:

I have been teaching the First Amendment for a decade, and McCain-Feingold isn't going to happen because it would be patently and obviously unconstitutional to limit what and when groups can say during an election season. Remember five little words: "Congress shall make no law..."

Whew. I feel so much better now knowing that Congress and SCOTUS would never pass and uphold such a law. Would they?

Posted by: Physics Geek at 04:13 PM | No Comments | Add Comment
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