BookRix

Groveland, NY

This case may have more sway with Justice Kennedy since it is based on Free
Speech, though the Wisconsin gerrymandering case based on Equal Proection is
just as persuasive in my view.

It was Justice Kennedy, after all, who in writing for the Majority in Citizens
stated in the Court's Opinion,

"" . . . the Government may commit a constitutional wrong when by law it
identifies certain preferred speakers. *** The Government may not by these
means deprive the public of the right and privilege to determine for itself
what speech and speakers are worthy of consideration. The First Amendment
protects speech and speaker, and the ideas that flow from each.""

Surely, government officials who gerrymander deprive the public of the right
and privilege to determine for itself what votes, i.e., speech, and what
voters, i.e., speakers, are worthy of consideration in the election process.
Instead, the government arrogates to itself the right to predetermine for the
public the worth of classes of voters in the state, on the basis of political-
party affiliation, and hence, the worth of the voters' political expression,
as solemnized in their ballots. Neither speaker nor speech and the ideas that
flow from each are protected.

Maurice F. Baggiano, Member of the Bar of the U.S. Supreme Court

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