European Stars and Stripes (Newspaper) - April 6, 1990, Darmstadt, Hesse                                Page 10 a the stars and stripes column George will High court ruling sets free speech Bock 70 years Washington a not much news Here. Other than last weeks supreme court ruling that contradicted 70 years of first amendment Law. The court affirmed the right of governments to stipulate permissible amounts of political speech by certain groups. They Are groups that the elected politicians who wrote Michigan a censorship Law think speak too much. The courts opinion was written by Justice Marshall and joined by Rehnquist Brennan White. Blackmun and Stevens. It says government May decide that a particular kind of speaker a a corporation a is exerting undue influence in what is now a government regulated marketplace of political ideas. A Michigan Law similar to the Laws of the Federal government and 20 states makes it a felony for corporations to spend general funds for Independent expressions of opinion about political candidates. In 1985, the Michigan chamber of Commerce a nonprofit corporation whose members Are mostly for profit corporations wanted to express itself regarding a state legislative election. So the chamber challenged the Law. Justice Marshall while affirming the Laws proscription of Independent corporate spending concedes that spending to support candidates constitutes political speech. But he says the Laws abridgement of the corporate right of free speech is compatible with the first amendment Protection against Laws a abridging the Freedom of  this is so he says for two reasons. State Laws Grant corporations advantages that enable some of them to amass wealth that poses a a a potential for a unfair advantage a or a the appearance thereof a in the marketplace of ideas. And first amendment guarantees Are less important than the compelling state interest in Fine tuning the a a fairness of political debate As defined by the political incumbents who write such Laws. Thus the court authorizes suppression of speech that Flora Lewis might have a corrosive and distorting  corroding and distorting what the court does not say. It does say astonishingly that corporate speech May be censored to ensure that political expenditures a reflect actual Public support for political  so actual speech can be banned to prevent a potential harm such As a distortion a or to ensure that expenditures on behalf of a cause Are proportionate to the popularity of the cause. Justice Scalia begins his blistering dissent a attention All citizens. To assure the fairness of elections by preventing disproportionate expression of the views of any single powerful group your government has decided that the following associations of persons shall be prohibited from speaking or writing in support of any candidate a private corporations ate Scalia warns a Only the first object of this orwellian  the National organization for women and planned parenthood were among nonprofit corporations joining a Brief in support of the chamber Scalia asks since when does the first amendment permit government to limit the speech of individuals or associations of individuals just because the government has decided to Confer some advantages on them the court has How authorized censorship to combat what Scalia Calls a the new  this evil is political expenditure speech that in the courts formulation does not a reflect actual Public support for the political ideas  thus does the court casually abandon the principle that in words from another court ruling government May not Quot restrict the speech of some elements of our society in order to enhance the relative voice of  for the first time since Oliver Wendell Holmes left the Bench Scalia says the court has held that government can directly restrict speech a that has the Mere potential for producing social  the potential harm can be the a a appearance of in rom or a a a distortion of something eruption this ruling will says Scalia. A require adjust of Quot of Pyjar amp number of significant first May to amendment  he wonders if govt Mcm a a now a convict individuals for Selling books found have a potentially harmful influence on minors ban indecent Telephone communications that have the in Tennial of reaching minors and so on. Actually this ruling is too implausible to have Power As precedent. If it is not ignored As an embarrassment it is a revolution. It sanctions repeal of the first amendment whenever elected politicians feel a compelling need to legislate against a the new corruption a meaning a too much of one Point of View Quot at least if the Point of View comes from corporations. Or from people deemed unduly wealthy. Scalia says it would make just As much sense to prohibit persons whose net Worth is above a certain figure from Makine Independent expenditures on behalf of political ideas causes or candidates. A Michigan a censorship regime for rationing speech is like most Campaign reforms enacted to Benefit the Enactor. Michigan permits labor unions to make expenditures of the sort that Are felonies when made by corporations. And Why have Media corporations those  Leeping guardians of the first amendment not protested this government right to calibrate a a a balanced presentation of ideas and extinguish the evil of too much argument because Michigan a politicians Are not fools they exempted Media corporations no amassed wealth there never any Power of expression disproportionate to a actual Public support for the political ideas espoused from the censorship that covers other corporations. C Washington Post writers group no Point in West hurting lithuanian peace option Vienna a tension has been mounting in Lithuania. So far Mikhail Gorbachev has been ambiguous playing brinkmanship. He is in a difficult bind and he probably Hasni to decided which Way to go a to try to ease the pain and save face by wriggling out of the Imperial problem gradually or crack Down prove his Power and Damn the consequences. His predecessors did no to behave that Way. Not for them a sneaky escalation like americans in Vietnam. In hungai7 in 1956, in Czechoslovakia in 1968, in Afghanistan in 1979, they ordered intervention kept it secret but gathered their forces and then moved suddenly with massive Power. Gorbachev does no to appear to want that route. The parades of Armor and Day by Day seizure of offices in Vilnius arc psychological warfare that May be worse than two alternatives a crushing lithuanian Defiance by Force or winning the fruits of peaceful accommodation. A retired soviet major general attending an East West meeting Here said red army commanders  want to move against civilians. They Felt the backlash of their recent operations in Tbilisi and Azerbaijan and cite the party a injunction against using the army for internal missions. Still they would act if ordered he said but a at the right time not too soon not too late that is when we could get Public  after All the experience of Gorbachev a predecessors also proved that Force Only works for a while. He is probing for a better Way out. So it is right for the . To respond in kind to his ambiguity. Washington has sent a firm message that a use of Force sufficient to put Down Lithuania a Independence movement which could Only be temporary in any event would unravel the great diplomatic Enterprise that Gorbachev has begun. It is saying watch out but not provoking. Though Bush May have lost some credibility by his indulgence of China a repression americans allies and even neutrals Are signalling that Lithuania has become a serious test for everybody on the prospects of East West relations. The stakes Are much too great to be a game for Gorby friends and Gorby foes in the West. It is really about the future of Europe and the soviet Union. Lithuania has become More than a Symbol an Issue of whether to assert an abstract principle with passion and nothing More costly for those who demand immediate Washington recognition. Critics of the Bush administration s careful diplomacy seem to put their own claim to rectitude ahead of Lithuania s achievement of Independence. It provokes a question of whether the real aim is to undermine the whole Effort to end the cold War. But it Isnit a matter of try ing to save him from his enemies. Lithuania is not Only a real country with real people it is a real dilemma for the future of millions of people inside and outside the soviet Union. Instead of ultimatums and display of armoured convoys Gorbachev needs to convince the lithuanians that they can choose Independence but that it takes preparation and attention to the enormous problems that course will bring both sides. He May be starting to make headway. Lithuania a Leader. Vytautas Landsbergis who has been putting on a Brave show now says his nation did not expect Moscow to hand Power Over immediately which May indicate a willingness to move a step at a time with. Less haste and More regard for soviet preoccupations. Like it or not Gorbachev has launched the decolonization of the last great Empire even though he Only Start a out to Reform the communist system. The question Isnit whether it is coming but How and when. And replacing t Empire with some form of federation o Commonwealth rather than blow up is a mighty Enterprise that needs to be undertaken with deliberation. Washington a main task at this delicate stage is to make sure tier no miscalculations. If Gorbachev make use of the argument of grave1 me National reaction in persuading Hii critics that Force would be Isa?/�1 Jas is More than Welcome. The Wes nothing to gain in tipping the St cutting off the peaceful option. To our York times