CBS Frets Over Supreme Court's Turn to Right, ABC Rues Campaign Finance Ruling

Photo of Brent Baker.
By Brent Baker | June 25, 2007 - 21:25 ET

The Supreme Court on Monday issued two rulings related to free speech, but CBS was more concerned by the court's move “to the right,” while ABC deplored the impact of the ruling striking down of a ban on advocacy advertising 60 days before an election. In the other case, the court upheld the right of school officials to ban student signs advocating illegal behavior. Substitute CBS Evening News anchor Harry Smith, however, saw only one of the cases as involving free speech as he stressed the ideological direction of the court: “Today the justices ruled on a broad range of issues, including campaign finance reform and free speech for students. The rulings illustrate a distinct turn to the right due in part to the court's newest members.” Instead of seeing a victory for free speech, Wyatt Andrews described it as “part of a trend in which the Roberts court generally has moved to the right.” Andrews soon touted how “often the court's only woman, Ruth Bader Ginsburg, would verbally strike back,” such as when “she said the partial-birth abortion decision reflects ancient notions about women's place in the family, and this was out loud in open court.”

Over on ABC, anchor Charles Gibson relayed how both of the big rulings “involved freedom of speech,” but only in the school case did ABC put “free speech” on screen. With “Campaign Ads” on screen, Gibson rued the triumph for free speech: “The court weakened a key provision of the campaign finance reform law, opening the way for many more groups to run many more political ads.” Gibson told Stephanopoulos that campaign spending “is out of control” and Stephanopoulos lamented how groups can now “run TV ads right up until election day praising candidates, criticizing candidates, as long as you don't use the words 'vote for' or 'vote against.' And it's very easy to get around that.”

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The NBC Nightly News managed to frame both rulings as free speech cases without bemoaning the campaign decision. Brian Williams announced: “The U.S. Supreme Court took on free speech today. It issued two decisions in two cases. One of them will affect what we all see and hear during this coming election season. The other has to do with what school students can and cannot say. “ Pete Williams picked up on the majority's use of the “censor” term as he came the closest to painting the ruling as a victory for the cause of free speech:

“When it comes to free speech, the court said 'the tie goes to the speaker, not the censor.' The ruling said 'discussion of issues cannot be suppressed simply because they may also be pertinent in an election.' Today's decision was cheered by groups ranging from the National Rifle Association to the ACLU, whose ads faced blackouts before elections.....”

The MRC's Brad Wilmouth corrected the closed-captioning against the video to provide these transcripts of the June 25 broadcast network evening newscast coverage of the Supreme Court rulings announced Monday:

CBS Evening News:

HARRY SMITH: And in Washington today, a busy day at the Supreme Court. Today the justices ruled on a broad range of issues, including campaign finance reform and free speech for students. The rulings illustrate a distinct turn to the right due in part to the court's newest members -- Chief Justice John Roberts and Justice Samuel Alito. More now from Wyatt Andrews.

WYATT ANDREWS: You don't usually associate the Supreme Court with cases like "Bong Hits 4 Jesus." But after a high school student was suspended for displaying this banner, he brought a First Amendment case and lost. The court said that schools may restrict student speech that promotes drugs.

ANDREW COHEN, CBS News Legal Analyst: High school students just don't have the same sorts of constitutional rights that the rest of us do.

ANDREWS: The court today also struck down the ban on those last-minute campaign attack ads-

Clip of ad: And that's bad for Texas.

ANDREWS: -ruling here that the ban violates the First Amendment. Court analysts say this ruling -- which was strongly supported by conservatives -- is part of a trend in which the Roberts court generally has moved to the right.

TOM GOLDSTEIN, Attorney: Almost every significant case this term that divided on ideological lines was won by the conservatives.

ANDREWS: That's partly because the court's swing vote, Anthony Kennedy, has swung mostly conservative, notably by upholding the ban on partial-birth abortion.

GOLDSTEIN: From abortion to free speech, campaign finance regulation, he's consistently voted with the more conservative wing of the court.

ANDREWS: The Roberts court this term was also tough on people bringing lawsuits. The court, for example, said taxpayers may not sue the President to stop funding faith-based charities. Women may not sue for pay discrimination if they don't sue within 180 days. Investors can't sue Wall Street firms that might be fixing prices.

PAMELA KARLAN, Stanford Law School: It's a little hard to say they're decisively pro-business. I mean, they're certainly not pro-the little guy.

ANDREWS: Often the court's only woman, Ruth Bader Ginsburg, would verbally strike back. In that wage case, she complained "the court is indifferent to how women can be victims of wage discrimination." She said the partial-birth abortion decision reflects ancient notions about women's place in the family, and this was out loud in open court.

KARLAN: Which is an unusual thing for justices to do. Reflects a kind of anger at the direction in which the court is going.

ANDREWS: That direction toward a pro-business, anti-lawsuit and anti-abortion court is what the President was hoping for when he appointed Chief Justice Roberts and Justice Alito. Wyatt Andrews, CBS News, at the Supreme Court.

ABC's World News with Charles Gibson:

CHARLES GIBSON, in opening teaser: The supreme showdown: The Supreme Court justices draw new lines on free speech in schools and in political ads. Get ready for an onslaught on the airwaves.

GIBSON (on screen: “Campaign Ads”): There were two important rulings from the Supreme Court today. Both involved freedom of speech. Both were 5-4 decisions. The first will impact the 2008 presidential campaign. The court weakened a key provision of the campaign finance reform law, opening the way for many more groups to run many more political ads. Our chief Washington correspondent George Stephanopoulos is with me tonight. George, the Congress has struggled trying to find ways to limit campaign spending, which is out of control, and all these ads that are on television, without impinging on free speech. And today, in effect, the court, I guess, said you haven't done it.

GEORGE STEPHANOPOULOS: That's exactly right, Charlie. The Congress tried to do it with a bill called McCain-Feingold, and this ruling blows a hole in the McCain-Feingold Act. What it says is that if you're a corporation, if you're a labor union, if you're an interest group like the Sierra Club or National Right to Life, you can run TV ads right up until election day praising candidates, criticizing candidates, as long as you don't use the words "vote for" or "vote against." And it's very easy to get around that.

GIBSON: So I suspect this means we're going to see even more ads in the 2008 presidential campaign than we could have anticipated already.

STEPHANOPOULOS: You won't be able to count it, Charlie. There was more than $2 billion spent in the 2006 campaign. I think that will more than double in 2008, and this is certainly going to increase the pressure -- it was already heading that way -- for the major party nominees to completely opt out of the public financing and spending limit system.

CHARLES GIBSON (on screen: “Free Speech”): And the other 5-4 decision today, the court tightened limits on free speech for students. It ruled that schools may prohibit student expression that can be interpreted as advocating drug use. Our legal affairs correspondent Jan Crawford Greenburg is at the Supreme Court. So, Jan, it does seem incongruous that the Supreme Court is making a decision over a student's sign that says "Bong Hits 4 Jesus." Tell us about it.

JAN CRAWFORD GREENBURG: Well, the student said he was just trying to be funny when he unfurled that huge 14-foot banner that said "Bong Hits 4 Jesus," but the school principal thought he was advocating illegal drug use. That's why she ripped it down, and she suspended him. And the Court said that was entirely reasonable, that school officials can limit that kind of harmful speech that they think advocates illegal behavior. Schools act as parents, and they can protect children during the day.

GIBSON: Now, I would think most people would look at this as common sense, what the court decided today, and yet, it was a 5-4 decision. So there were four justices who disagreed with this.

GREENBURG: The more liberal justices said that decision was, that sign was just ridiculous, and that this would limit student speech in a number of areas, students should be able to talk about drug use -- maybe they want to change the drug laws. So they saw this ruling as limiting free speech in a very dangerous way.

NBC Nightly News:

BRIAN WILLIAMS: The U.S. Supreme Court took on free speech today. It issued two decisions in two cases. One of them will affect what we all see and hear during this coming election season. The other has to do with what school students can and cannot say. Walking us all through it tonight, our justice correspondent, Pete Williams.

PETE WILLIAMS: The court today said Alaska high school officials acted properly when the Olympic torch paraded through Juneau in 2002 after students on a street held up a sign that declared 'Bong Hits 4 Jesus' -- a nonsensical phrase intended to test free speech right. The principal thought it referred to smoking marijuana and tore it down. Today the court ruled 5 to 4 that because of the government's interest in stopping drug abuse, schools can restrict student expression they believe promotes illegal drugs.

FRANCISCO NEGRON, NATIONAL SCHOOL BOARDS ASSOCIATION: We're thrilled with the decision because what the Supreme Court said is basically that educators don't have to worry about being second guessed.

PETE WILLIAMS: In another free speech decision today, the court loosened a ban on TV and radio ads that run during election campaigns. Hoping to limit the influence of big money, Congress voted in 2002 to block corporations and labor unions from buying issue ads mentioning candidates, even when they stop just short of calling for a candidate's defeat. Today's ruling said it can be hard to tell whether an ad is genuinely about issues or is an attack ad in disguise. But when it comes to free speech, the court said 'the tie goes to the speaker, not the censor.' The ruling said 'discussion of issues cannot be suppressed simply because they may also be pertinent in an election.' Today's decision was cheered by groups ranging from the National Rifle Association to the ACLU, whose ads faced blackouts before elections.....

—Brent Baker is Vice President for Research and Publications at the Media Research Center

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Ginsburg rants

Justice Ginsburg continues to be a shill for Planned Parenthood. I am sure she is sorry that she does not get more opportunities to spew her venom.

Our real problem, then, is not our strength today; it is rather the vital necessity of action today to ensure our strength tomorrow. Dwight Eisenhower

What a Great Supreme Court!

Hats off to the SUPREME COURT.  They are now handling things under the Constitution, instead of making laws they are interpreting the law.  Let's get 2 more on before 2009!

Pawpaw...That would be my gre

Pawpaw...That would be my greatest wish too...

Unfortunately, I feel with the Dems in control now...if we thought the gang of 14 was maddening...lord only knows what it would take to even get a strict constitutionalist nominee out of committee....let alone the floor....let alone a straight up or down vote.

But I pray ....

...and hope springs eternal or so they say.

One

I see at least 1 more before GWB is out....

Paw...Oh I see the possibilit

Paw...

Oh I see the possibility for sure...

What I am worried about is a real conservative judge getting the seat...

 With the switch in power that is major...and the RINO's like Spector who is head of the Judiciary Committee settling for another Sandra Day type.

Know what I mean?

I hope you are right that is for sure...one thing about it....

Time will tell.

Does anyone have a comment in

Does anyone have a comment in clear english?

RBG got latered in a minority decision (again?).  So what?

This is clearly not a "turn to the right".

These were minor decisions on non-issues.  Something the Supremes have practiced for many, many years.

If they decided to take on a Roe v. Wade case...that would be newsworthy.  These were little nothing cases....with little nothing commentary by Charlie and Stephi.  Sheesh.

How horribly sad.  Recess is soon....the court won't reconvene until October.

Another do-nothing branch of government.  Just like George (the Amnesty King) and the we-love-illega-alien Congress.

With respect, I disagree. It'

With respect, I disagree. It's in the nature of an originalist court to avoid large issues and allow the political process to run its course. Frankly, I want it that way. I don't want nine (or more often, five) lawyers to decide morality for the rest of us. Chief Roberts did exactly what he said. The Court is turning into a referee, and less of a player. That's how I want it.

But I agree with you about one thing ... there's no story here. It's only news if you were expecting a stream of liberal fatwas, and were disappointed.

Well, as far as the liberal m

The liberal media put on the stories that THEY judge as important. And this story IS important, to them, because this ruling means that their unchallenged control over what gets said about which candidates is being eroded.

Also, I find it interesting that Charles Gibson, the "unbiased" news "reporter" said the following:

George, the Congress has struggled trying to find ways to limit campaign spending, which is out of control, (emphasis mine).

Isn't saying spending is "out of control" an opinion? But there it is, right in the middle of his unbiased "report."

This is clearly a right turn

This is clearly a right turn as far as I am concerned with the SC.

There was a major decision as far as I am concerned...it was against the environmentalists who have destroyed jobs using everything but the kitchen sink to stop any kind of progress/business ect from going forward with all their continual lawsuits...federal regulation is burdensome...the greenies/leftists have joined forces with other depts to from the EPA to the Endangered Species F&W agency....on and on...this includes private property owners too.

This decision made me very happy...long over-due.

Here also is a link to all four decisions.

Most SC decisions will have cause and effect on all of us one way or the other in the long run......(I said most)

GREENBURG: The more liberal j

GREENBURG: The more liberal justices said that decision was, that sign was just ridiculous, and that this would limit student speech in a number of areas, students should be able to talk about drug use -- maybe they want to change the drug laws. So they saw this ruling as limiting free speech in a very dangerous way.

What B.S.     Suppose the student held up a sign that denounced gay marriage, held up a picture of an aborted fetus or called to an end to affirmative action.  Of course that isn't exercising free speech.   That's hate speech that can't be tolerated and in fact demands punishment.

Wow, they made a freudian slip.

If a ruling that re-asserts the supremacy of the 1st amendment and was described by the majority as “When it comes to free speech, the court said 'the tie goes to the speaker, not the censor" is declared as a move to the right...what does that say about the left where they imply they would rather have it move?

The MSM would rather that when it comes to free speech, the tie should go to the censor, not the speaker?

The day that "politician" became a career choice is the day we started losing the Republic

The court is wrong on both ac

The court is wrong on both accounts. First the student. Was the student on school property? From what I understand he wasn't on school property or at a school function, hence should not be punished by the school. If however he was on school property then school has the authority to limit speech. Right to free speech does not mean you can say anything at anytime anywhere, without consequences and that has never been the case, however I don't think the student should of been punished if he wasn't at a school function or on school property. (And I am a bit surprised this went to the supreme court...who has the time an energy for such trivial matters?)
On the campaign speech, this is speech that is completely protected by the constitution. Campaign ads should be allowed to say whatever whenever about whoever in government. The Court didn't come out as strong as I wished they did.

Is Gibson a Closet Commie?

Gibson said, “The court weakened a key provision of the campaign finance reform law, opening the way for many more groups to run many more political ads.” (my emphasis)

Well, Charles, that's the meaning of free speech! The Court got it RIGHT.

 Years ago, I thought McCain had something on the ball. No more. The man is downright scary in some of his views.

I agree completely. Campaign

I agree completely. Campaign finance is nothing more than an attempt to control free speech. The entire law should be abolished in favor of full disclosure of any candidates source of funding.
The best would be to restrict donations to only those eligible to vote, but no limits on amount and full disclosure withing 24 hours via the internet. The only losers are those who shouldn't be involved in US elections in the first place, such as foreign nationals, mystery PAC's, etc.

Between her naps on the ben

Between her naps on the bench and her reading dissents after the majority has had its ruling, Ginsberg personifies the LOOOOZERRRR image that the put-upon baby-murdering barren lezbo-left has justly earned.

To think that gullible Repubs made her confirmation unanimous at 97-0. And put Souter, Stevens, and another looozzeerr on the SCOTUS bench---[it's very late at night].

Sometimes I wonder if Justice

Sometimes I wonder if Justices that got raked over the coals by the Democrats in the nomination process don't harbor just a tad of spite when it comes to a close decision. In any event, it has the MSM all in a tizz. Can't wait for the ''(un)fairness doctrine" to run across their bench...    

I am livid. This is the &quot

I am livid. This is the "Headline" for my local newspaper this morning:

"Roberts Steering High Court to Right" (Frederick Newspost-Frederick Maryland)

Is this news or an opinion? also this tiny lefty rag has been using a lot of resources from "McClatchy Newspapers"  and it seem that most op/eds and articles by this chain have an extremely lefty slant anyone know about this newspaper chain (McClatchy). Thanks in advance.

Also this headline is only in the print edition and didn't show up on the online edition.

"A mind is a terrible thing." - A comic I forgot the name of.