Congress shall make no law...

The Supreme Court struck a major blow today to those who would seek to prohibit a free exchange of constitutional speech by blocking political ads. In a unanimous, unsigned opinion, the high court overturned a lower body's ruling in Wisconsin Right to Life v. Federal Election Commission.

Though the nine justices punted on the larger question – the wanton illegality of campaign finance reform penned by Russ Feingold and company – the stage has now been set for a future showdown in the same chamber, where this question will likely be given due meditation.

As the AP notes:

The Supreme Court said Monday that a lower court should take a new look at a challenge to federal restrictions on political advertisements, delaying a major ruling on the constitutionality of ad limits until after this year's elections.

Justices could have used the case, brought by an anti-abortion group, to spell out when so-called grass-roots ads are allowed at election time.

Without dealing with that issue, the court overturned a decision that barred Wisconsin Right to Life from broadcasting ads that mentioned a senator during his 2004 re-election campaign.

Meanwhile, Mr. Feingold, in typically brief fashion, issued this distressing statement:

Today’s decision means the issue ad provisions of McCain-Feingold, which was upheld by the Court in 2003, should remain in effect for this election cycle. That is good news. Ultimately, I believe the courts will reject challenges to the law based on ads that are intended to affect elections.

You have to wonder when it will finally dawn upon those entrusted with the guardianship or the constitution that “free speech” includes not just the message spoken unto the megaphone but, indeed, the megaphone itself. To deny that money amounts to speech is to exist in a world of such thick naivete that the entire game of politics is clearly too squeamish for your taste.

I look forward to the Supreme Court hearing this case again, when it is doubtlessly re-appealed and, hopefully, granted certiorari. In the meantime, we will continue to see the sorts of elections Mr. Feingold dreams of – those where speech is restricted and the constitution trampled.