Is this ad fair? Probably. Obama has done little but beat around the bush when it comes to his connection to Ayers, and as such he has invited this scrutiny. The fact the Obama campaign is attempting to use the Federal government to quash this clearly protected form of political speech should be troubling for anyone who really believes in the First Amendment. (This, of course, would eliminate 80-90% of academics.) The answer to political speech you do not like is more political speech, not censorship.
The drive to elect Barack Obama is increasingly looking like they would employ "extra-Constitutional" means if that is what it takes.
Are you filled with hope yet?
UPDATE:
Saw this at Wings Of Change:
On this matter, all Americans -- and all bloggers, regardless of affiliation -- should have a sense of unity. The Founding Fathers wrote the protections of the First Amendment for free speech and the press. They had political speech foremost in their thoughts when they did so. The freedom to speak about elections, candidates, and issues of concern was exactly what they were seeking to protect.
We have come to a time in America when our political class wants desperately to silence American citizens. They want to speak only to each other: let Sen. McCain's campaign say what it wants, but no mere citizen should dare to do so, lest they face criminal prosecution!
Our courts, which are ready to extend "free speech" to nude dancing as a form of "expression," won't recognize and defend the First Amendment right to free political speech that was the Founders' whole purpose.
Whatever your politics, and whomever you support, this behavior is un-American. It is wrong, vile, and an assault on the most basic liberty that the Republic was founded to protect.
WoC also points out that McCain isn't blameless in setting the stage for such violations of our rights as citizens. As I have said before (here and here for example) McCain/Feingold is nothing anyone should be proud of. Its simply scary that the Obama camp want to take that to another level.
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