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California Law Would Allow the State to Control Free Speech, Says AMAC

California flag liberal state democrat free speechIt’s an infamous piece of legislation that directly and blatantly violates the right of free speech

WASHINGTON, DC, Jan 26 – The Association of Mature American Citizens [AMAC] sought last week to focus attention on a pending Supreme Court case that poses a new threat to our Constitutional right of free speech.

AMAC president Dan Weber said that a news article posted on the AMAC Web site last week caught the attention of the association’s membership offering their own comments on the matter.  But, he added, apparently independent media outlets remain unaware of its importance or are choosing to ignore its significance.

“The case involves a California law that requires pro-life crisis-pregnancy centers to promote abortion in their ads that offer right to life counseling and services,” Weber explained.  He called it an “infamous” piece of legislation that directly and blatantly violates the right of free speech by compelling those centers to include abortion as an option in their ads.

The National Institute of Family and Life Advocates (NIFLA) is the plaintiff in the case against the state of California.  Forty-one organizations that “advocate for free speech, religious liberty, and the rights of the unborn” filed a brief with the U.S. Supreme Court in support of NIFLA’s claim.  In it they explained that “In this case, the state knows full well that it is compelling speech, and it knows full well that it is compelling speech on matters of deep moral, religious, and political dispute.”

Says Weber: “what part of the first amendment does California not understand?  It states clearly that no law can be enacted ‘respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech.’  It seems to me that that is exactly what California did when it enacted its law forcing pro-life advocates to publicly acknowledge abortion as an alternative.  What’s next?  Will they pass a law compelling brick-and-mortar retailers to include a message that the same products they sell are available online from Web-based vendors such as Amazon?”

Weber said that this case is not about abortion or the pro-life movement; it is about free speech.  And he pointed to a Supreme Court case that was heard in 1949 and in which Justice William O. Douglas wrote the majority opinion.  Douglas explained clearly what the fuss is all about in that opinion: “The function of free speech under our system of government is to invite dispute.  It may indeed best serve its high purpose when it induces a condition of unrest, creates dissatisfaction with conditions as they are, or even stirs people to anger.  Speech is often provocative and challenging.  It may strike at prejudices and preconceptions that have profound unsettling effects as it pressures for the acceptance of an idea.”

Weber pointed out that “It was the 9th Circuit Court of Appeals in San Francisco that declared the state’s law is Constitutional because it ‘regulates only unprotected commercial speech.’  In other words, the court is claiming that non-profit pro-life counselors should be treated as commercial entities because they engage in fund-raising.  If that’s what they believe then all nonprofit organizations that engage in fund raising need beware.  Mark Rienzi, a prominent professor of law, says that ‘standard would turn every nonprofit in the country into a commercial speaker and give the government enormous power to regulate the speech of every nonprofit’—even your church around the corner.”

ABOUT AMAC

The Association of Mature American Citizens [AMAC] [http://www.amac.us] is a vibrant, vital senior advocacy organization that takes its marching orders from its members.  We act and speak on their behalf, protecting their interests and offering a practical insight on how to best solve the problems they face today.  Live long and make a difference by joining us today at http://amac.us/join-amac.

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Carol L. Baril

The left doesn’t care about the constitution or bill of rights if those documents don’t promote their leftist agenda. Just hang out on a college campus and see what passes for education now! Lord have mercy on America!

PaulE

What part of the left wants to shred the Constitution and impose the nirvana of socialism / communism upon the country by any means necessary doesn’t AMAC want to either understand or acknowledge? California and New York are currently dueling it out for which state can completely toss any and all semblance of our representative republic into the trash can and go full tilt socialism. I thought maybe this week’s notification from the California AG, that he would arrest any business owner that cooperates with ICE in identifying illegal aliens would have finally opened your eyes to the lengths the left will gladly go to change the country. I guess not. Sad.

Ronald Greenwood

It is obvious what they are attempting. It is just a bit more of the camels nose under the edge of the tent. This is the same thing that happens almost daily concerning the Muslims and their intent to subvert our constitution. People need to wake up.

Donl

Is this the beginning of the end, for Freedom ?? Sure looks like it. Tell ya what; IF Hillary had won; Soros & Obama would be in control, Hillary would have been their Puppet, you and I would have been Comrades, without Guns & Free speech. It was that close folks. I fear the day if the Demo-Commies ever regain control, next time they won’t be nice about it, they will stab us in the back as soon as they gain control.

Richard

What is happening in California today is similar to what happened in Germany in the 1930s. The NAZIs got control of the government legally through the electoral process because the German people were ambivalent to democratic principles. Once in power, the NAZIs quickly inacted legislation to control speech because they knew controlling information and knowledge would enable them to maintain control of the country. This is how dictators of all stripes stay in power. We are deluding ourselves if we think this kind of thing can not happen in America. Now is not the time for political ambivalence. Americans must protect our rights, otherwise we will surely lose them “California socialism”.

Ed Weber

Wow! The Republicans need to move out pronto on shrinking the Ninth Circuit. It should only cover California, Washington, and North Korea. Maybe Venezuela too.

Jim Ingram

This sort of attack on the First Amendment should come as no surprise, given California’s track record on the Second Amendment. Vigilance is the price of freedom — thanks, Dan.

Hammer

The legislation strikes me as extremely hypocritical. When pro-life advocates proposed that Planned Parenthood be required to discussion adoption as an alternative to abortion, the extreme left’s position was that “we couldn’t allow that”. Now the shoe is on the other foot and they want to require pro-life crisis centers to provide the abortion option? Someone needs to get ahold of themselves. George Orwell’s 1984 has been here for a long time and it is ramping up.

Cheryl Grosser

Being pro-life to help people save their babies, there is no sense in placing an ad for abortion. It is insane. It’s contradictory to the customer because it is telling the customer their service is not the best. Saving life is the best.

Ralph N

California seems to be on the wrong side of every issue you can imagine. From politics, immigration, environment, etc.. I guess that is the reason so many American citizens are moving out to other parts of this beautiful country of ours. But the problem is that for ever American that moves out there is a person from somewhere else that replaces them illegally and the state is protecting them by giving them sanctuary. I would live in California if gave the house free.

Jack Wolford

AMAC needs to voice more of this stuff then to give my e-mail to every commercial enterprise they endorse, ie Insurance companies that don’t discount to their members. I have been a member of AMAC for several years I didn’t renew my membership because I didn’t see much of this type of action. Instead I was inundated with ads. Keep it up I may rejoin. Remember conservative people join your org. because AARP sponsors a liberal agenda they oppose,

Robby

It’s time for martial law and a take over of the “country” called CALIFORNIA…set the people free and start completely over. A revolution once and awhile is a good thing…someone famous said that somewhere, can’t remember…

Steve

Thanks Dan for following what the free thinking Americans are doing . We should take a sheet from their screen book . Don’t follow it don’t report it . Wouldn’t it be nice to see one of these nutjobs foaming at the mouth and No one there to even get their name to report what was said . Like an empty football stadium . PRICELESS . To the people in California it’s steeped in our history from the beginning a party held for our King in Boston to our future which yet had not been written Americans stand united saying in one voice NO . Freedom .

Louis Smith

The Ninth Circuit Judges should be required to take a refresher course in Constitution 101, because it appears that they are all totally unfamiliar with it.

Texas Belle

California has become a full blown Communist state with its own laws defying Federal laws and the Constitution. The Justice Department should take action to bring them into compliance with Federal laws.

Gary Zeiher

Where the hell are those Californians who are totally against this kind of thing!? Surely there are more than a few California residents who do not appreciate the elte few ramming things like this down their throats. Yes the lamestream media outlets are either ignorant or just flat refuse to address these matters; most likely both. I don’t know off hand what Californias population is but I’ll wager there are many more who are against these elites who see themselves as the prime movers and shakers. I’ll also wager Hollywood’s elites are a large part of those who have appointed themselves as the all knowing, all powerful “leaders”. If there those Californians who vehemently oppose this crap they had best start speaking up.

SlipperCity

I do not ONE PENNY of our tax dollars to be given to California. They are spending themselves (and us) into bankruptcy. Let ’em leave the US and see where they end up!

R.Bell

Seemingly being of the same ideology, Governor Brown and all of the Capitol democrats should move to the caves of ISIS. They all want to destroy this country.

CHARLY

It is time that we control these communists as part of our constitutional republic. California has no right to destroy our right of free speech anywhere in the country and if they continue on this effort we need to ask real participants of democracy in that state ‘just where the hell are you residents that value your own freedoms given you by the Constitution’. Wake up and do something before they destroy your state! Or we will!

Jim McPhee

Who gives a darn what Hollywood dose or dose not do those people are completely immaterial to me.