Shut Up

Candidate Dennis Richardson took a stand on all ten ballot measures today, which is a pretty gutsy thing to do considering most politicians try to say as little as possible about anything controversial.

And I'm happy to report that he and I agree 70% of the time.

He is wrong however, and dangerously so, in favoring a YES vote on Measure 46.

Article I, Section 8 of the Oregon Constitution, ratified in 1857, states:

No law shall be passed restraining the free expression of opinion, or restricting the right to speak, write, or print freely on any subject whatever; but every person shall be responsible for the abuse of this right.

Measure 46 would append a new section to Article II:

Notwithstanding any other provision of this Constitution, the people through the initiative process, or the Legislative Assembly by a three-fourths vote of both Houses, may enact and amend laws to prohibit or limit contributions and expenditures, of any type or description, to influence the outcome of any election.

The "other provision" notwithstood is the freedom of speech.

The problem, Richardson says, is that campaigns cost too much. But consider this: in 2004 the total spending on U.S. House and Senate races was a little over one billion dollars. In a country of 300 million that's about 30¢ each per month.

The problem can't be that we're blowing the price of a candy bar debating the issues of the day. It must be that the wrong people are buying the ink and the pixels and the radio time, and the supporters of Measure 46 want desperately to find some way to make them shut up.

But consider for a moment what a law is.

If you don't obey the law the judge will fine you, and if you don't pay the fine the sheriff will take you to jail, and if you don't go quietly he will put a gun to your head, and if that doesn't convince you he will put a gun to your best friend's head.

The law is not advisory. The law is a gun to your head.