Do you remember when the Nazis wanted to march in Skokie, Illinois? I do. They teach it in American History and Constitutional Law classes. The town of Skokie understandably was not eager to have Nazis parading in front of their Village Hall, so they passed several ordinances specifically designed to make it a pain in the ass for the Nazis. For example, they required that the Nazis post a $350,000.00 indemnity bond prior to their march. The dispute wound its way through the courts for three years with the ACLU bravely taking the side of the Nazis. In 1978, the Supreme Court refused to block the Nazi demonstration in Skokie, invoking the First Amendment. Then Chicago stepped in and granted the Nazis a permit to march in Marquette Park (alleviating Skokie from such a spectacle). The Supreme Court refused to stop the Marquette Park demonstration and it took place on July 9th, 1978.

The lesson is that the First Amendment protects all speech, no matter how hateful. The ACLU won few friends for taking up this thankless cause, but it was important in preserving rights to U.S. citizens that are not enjoyed by many in Europe. It’s supposed to be a shining moment of progressive courage in the defense of civil liberties. But don’t tell that to Len Nichols of the New America Foundation.

The Clinton campaign convened a conference call with health policy experts to denounce Obama’s new mailer, which attacks Clinton’s plan for “forcing” Americans to sign up for insurance, and which features a couple at a kitchen table that recalls, for some, the famous insurance-industry-financed “Harry and Louise” ads against the original Clinton plan.

“I am personally outraged at the picture used in this mailing,” said Len Nichols of the New America Foundation, a leading supporter of mandatory insurance, who called it a “Harry and Louise evocation.”

“It is as outrageous as having Nazis march through Skokie, Ill.,” Nichols said. “I just find it disgusting that this kind of imagery is being used to attack the only way to get to universal coverage.”

I think Nichols just fundamentally doesn’t understand the Nazis-in-Skokie lesson. Sure, it’s disgusting that Nazis even exist, and no one wants to be subjected to public concentrations of Nazis. But, in this great country, they can get together and peaceably demonstrate. I don’t think this is a good example to invoke for something you think should not be done. But that’s not the only problem with Nichols statement.

First, take a look at the mailer (.pdf warning). It’s a picture of a middle-aged couple sitting at the dinner table and looking over some literature (presumably about Hillary’s health care plan). It’s not evocative of Nazis in any way, and it has only a superficial resemblance to the Harry & Louise ads of 1993-94. Both ad campaigns use a middle-age couple sitting around the kitchen table (hardly a shock, considering that couples tend to discuss their bills there, rather than the garage). And both ads are critical of Hillary’s health care plan. That’s where the similarities end, as Barack Obama’s criticism is 100% accurate, while Harry and Louise’s criticisms were total distortions. Hillary’s plan will force everyone to buy health insurance from a corporate health insurance provider. Yes, it will supply subsidies for those willing to swallow their pride and go on the dole, but it will also provide penalties for those that refuse to swallow their pride and who don’t qualify for the subsidies.

I also really don’t appreciate Nichols saying that these insulting mandates are “the only way to get to universal coverage.” I won’t say it is as insulting as that time when the Wehrmacht invaded Poland, but it’s obnoxious. Hillary’s plan shouldn’t be called ‘universal coverage’, it should be called ‘universal insurance’, because that is what it is. It’s an enormous boon to the insurance and pharmaceutical corporations she keeps promising to fight. That’s insulting. I don’t want insurance against getting sick. I know I am going to get sick. I want health coverage for when I get sick. I don’t want to give my money to a health insurance corporation that has my worst interests at heart. Don’t tell me this is the only way to get health coverage to everyone. That’s bullshit.

Now, Wolfson is a smart enough man to know that his surrogate had gone too far.

[UPDATE: At the end of the call, Clinton aide Howard Wolfson disavowed the Nazi reference, saying the campaign didn’t think it was appropriate, though he acknowledged the passions the issue stirs.]

Once again, an apology after the fact.

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