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Profile: Michael Dorf
Michael Dorf was a participant or observer in the following events:
A number of conservative media outlets accuse President Obama of engaging in “demagoguery” in his recent comments that warned the Citizens United decision (see January 21, 2010) could open the door for foreign corporations to contribute money for use in American elections (see January 27-29, 2010). [Media Matters, 1/28/2010] National Review editor Ramesh Ponnuru writes, “The most demagogic moment (so far!) came when the president claimed, falsely, that the Supreme Court had given a green light to foreign corporations to run political ads.” [National Review, 1/27/2010] Law professor and former Federal Elections Commission member Bradley A. Smith echoes Ponnuru’s accusation, writing that Obama “engaged in demagoguery of the worst kind.… The president’s statement is false.… This is either blithering ignorance of the law or demagoguery of the worst kind.” [National Review, 1/27/2010] Former Alaska Governor Sarah Palin (R-AK), the vice-presidential candidate on the McCain-Palin ticket in 2008, says on Fox News that Obama’s criticism “may not be true,” and accuses Obama of “embarrassing our Supreme Court.” She says: “This is why people are disenchanted and are becoming more and more disengaged really from what their government is doing, because when we see an issue like this—words spoken that may not be true coming from our president and embarrassing our Supreme Court and not respecting the separation of powers—we have a problem. And that’s illustrated there by that justice mouthing those words, ‘not true.’ Now, one or the other is being disingenuous here—either our president in what he just claimed, or the Supreme Court justice.” MSNBC host Joe Scarborough calls Obama’s warning “just not the truth,” saying that Obama’s statements were “not based in fact [or] the law.… So the president was not served well last night; he went out and said something that just wasn’t the truth. And I’m sure that that was very difficult for the Supreme Court to sit there and have the president tell America and the world these jokers on the front row just opened up American campaigns to foreign entities when that in fact is just not the truth.” [Media Matters, 1/28/2010] Conservative talk show host Rush Limbaugh tells his listeners, “It’s clear the president didn’t know what he was talking about or he was just out-and-out lying because he knows he’s not going to be fact-checked on matters like that by most in the state-controlled media.” [Media Matters, 1/28/2010] Prominent conservative blogger “Allahpundit” accuses Obama of “demagoguing the First Amendment” [HotAir (.com), 1/27/2010] , an accusation echoed by conservative blogger Glenn Reynolds, who responds to Allahpundit’s post by writing that Obama’s “demagoguery [will turn] into a negative for him.” [Glenn Reynolds, 1/27/2010] The next day, the Wall Street Journal will demand that Obama “get his facts straight” about the issue (see January 29, 2010). The liberal media watchdog organization Media Matters notes that Obama’s concerns were echoed by the four dissenting Supreme Court Justices in the Citizens United decision, as noted in the dissent by Justice John Paul Stevens and joined by Justices Ruth Bader Ginsburg, Stephen Breyer, and Sonia Sotomayor. The majority decision, Stevens wrote, “would appear to afford the same protection to multinational corporations controlled by foreigners as to individual Americans.” Cornell law professor Michael Dorf agreed with Stevens, telling a reporter that “[i]t is a plausible inference from the court’s opinion that [foreign] money can’t be restricted.” Dorf’s position is echoed by campaign finance reform advocate Fred Wertheimer and the leaders of the non-partisan Campaign Legal Center, Media Matters notes. [Media Matters, 1/28/2010] And the day after the decision was rendered, Smith, who accused Obama of either “blithering ignorance… or demagoguery,” told a reporter that though the law prohibits foreign nationals from contributing money to groups involved in election politics, “To the extent that there may be some foreign corporations that don’t fall under the category of foreign nationals [and could contribute to election organizations], that might be something Congress can deal with.” [Washington Independent, 1/22/2010]
Entity Tags: Fred Wertheimer, “Allahpundit”, John Paul Stevens, Barack Obama, Campaign Legal Center, Glenn Reynolds, Bradley A. (“Brad”) Smith, US Supreme Court, Wall Street Journal, Sonia Sotomayor, Stephen Breyer, Media Matters, Joseph Scarborough, Ramesh Ponnuru, Michael Dorf, Ruth Bader Ginsburg, Sarah Palin, Rush Limbaugh
Timeline Tags: Civil Liberties
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