Thread: Another Victim of McCain's Meddling With the Constitution

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Mark Tapscott is editorial page editor of The Washington Examiner and tracks the internet revolution in media and government. He is a member of the National Freedom of Information Hall of Fame and a member of the Media Bloggers Association board of directors. He is also a founding member and host of NewsTrust.net, as well as a visiting journalism fellow at The Heritage Foundation think tank.

No, You Can't Say That .... And Forget That First Amendment Stuff
December 29, 11:45 AM

How does one know when the critical point in a Republic's loss of its basic liberties like freedom of speech has been passed? A Dec. 22 notice from the Federal Election Commission looks very much like that point for America.

The notice concerned a complaint the FEC received from one Sydnor Thompson that Kirk Shelmerdine had improperly committed an independent expenditure on behalf of the Bush-Cheney re-election campaign during the 2004 race.

You've probably never heard of Shelmerdine unless you happen to be a fan of NASCAR racing. Then you would know that he is a former top-ranked crew chief who once worked with the immortal Dale Earnhardt but who went on his own a few years ago.

By Shelmerdine's own description to the FEC, his team is under-funded and without much hope of qualifying for a NASCAR race. Shelmerdine and his car are "a field filler," with "no realistic chance of winning an event."

When he committed the independent expenditure, Shelmerdine had none of the big-time sponsors normally associated with front-line NASCAR drivers like Tony Stewart and Jeff Gordon. In fact, Shelmerdine had no significant sponsors at all during the four races in which he raced during 2004 while committing that independent expenditure.

Here's how Shelmerdine described himself and his reasons for putting the Bush-Cheney 04 bumper sticker on his race car:

"I put the decals that are the subject of this complaint on the car solely because I thought that doing so would bring attention to the car and publicity for me and the car.

"It was not my intention, in any manner, to be a supporter of President Bush or to influence the Presidential election.

"I am not a registered voter. I have never been actively involved in politics.
I have not publicly endorsed or aided any politician. I have never contributed any money or considerations of any kind to any politician, Political Action Committee, etc.

The decals that were placed on the car would cost and have a value of
$50.00 or less."

The truth is, Shelmerdine's independent expenditure might have been seen by a handful of people outside the pits.

But don't worry, the FEC magnanimously declined to bring down the full weight of the law on Shelmerdine for this dastardly act of plastering a single bumper sticker on a race car that hardly anyone saw.

No, the FEC graciously and mercifully settled on sending a mere "admonishment" to Shelmerdine. After all, as soon as he knew about the FEC action against him, Shelmerdine "out of an abundance of caution" took the bumper sticker off his race car.

You can read the FEC documents in the case here. http://eqs.sdrdc.com/eqs/searcheqs?SUBMIT=documents

If you still wonder why I believe this case is so important, think about this: What is the difference between Kirk Shelmerdine's race car as his equipment for making a living and the pickup truck driven by the plumber or housing contractor?

The contractor with a Kerry-Edwards or Bush-Cheney bumper sticker on his back bumper and driving down I-95 or just about any other public road in America will be seen by far more people than Shelmerdine's "field filler" race car at four NASCAR events.

It's the same "independent expenditure," but it has more impact than the Shelmerdine sticker, so what's to keep Congress from next directing the FEC to "admonish" every contractor, plumber, electrician, etc. etc. in America to get those bumper stickers off their pickups?

The Shelmerdine case is not merely "simply silly," as argued today by The Washington Post editorial page. It is indicative of the ongoing destruction of history's greatest bulwark for the right of every individual to think, say, believe and associate as he or she chooses, without having to get prior permission from bureaucrats or politicians.

And thus one lone little voice among the formerly free American citizenry is silenced. The grasping, fearful politicians and the petty, controlling bureaucrats in Washington drive another nail in the coffin containing the First Amendment.

Jefferson's point about the need for a revolution every 20 years or so is becoming clearer with each passing day.

Freedom of Speech
First Amendment
NASCAR

http://www.examiner.com/blogs/tapscotts ... ment-Stuff

The Constitution has been under constant fire by this admin. bush
has tried, un-successfully to amend it 4 times.

Mcain is talking about clamping down on free speech on the Internet under the guise of child pornography. He is sponsoring a bill that would cause a lot of work and exspense for websites that have a lot of contributing members which if passed could shut down many bloggers and messsage boards if I understand it correctly.