Citizens United II: Revenge of the Censors

Greg Sargent reports that Democrats are amassing "bipartisan support" for legislation aimed at limiting the Supreme Court's small but vital affirmation of free speech in Citizen's United v. FEC. "The bill that Dems are planning will have more bipartisan support than expected, a Dem leadership aide confirms," Sargent writes at the Plum Line.

How much more support? "[A] Dem leadership aide says it will be introduced tomorrow with at least one more GOP sponsor in addition to Mike Castle, though the aide wouldn’t reveal who. This will allow Dems to push back by pointing out that the measure has GOP support." So at least two moderate-to-liberal Republicans will sign on. That's nice.

And what would this bill do? "The legislation seeks to increase transparency and disclosure of political spending, including provisions forcing heads of organizations spending big money on elections to reveal their personal involvement," Sargent writes. "It also seeks to prevent foreign money from influencing elections, and ensures that recipients of Federal money — contractors, TARP recipients — can’t spend cash in elections."

Foreigners are already barred from contributing to U.S. elections, not that they don't try. Prohibiting recipients of taxpayer largesse from spending on elections has visceral appeal, especially where I'm sitting.

An earlier New York Times story notes that Democrats are indeed pushing for more disclosure: "One provision would require the chief executive of any company or group that is the main backer of a campaign advertisement to personally appear in television and radio spots to acknowledge the sponsorship, the officials said." Sounds like fun.

Disclosure is controversial, of course. I tend to favor more disclosure rather than less in conjunction with fewer limits on who can give what to whom. Politics is a public business, after all. Here's what I wrote in the Scripps-Howard column in September:

The cure for campaign finance reform is fewer rules, not more. There should be little or no restriction on money in politics. There should be no limits on what a candidate can raise and spend. Political parties, corporations, unions... let them all in. The only exception should be for foreign contributions.

Transparency and instant Internet disclosure make most of the old objections and warnings about quid pro quo corruption irrelevant. If a political candidate receives the financial aid of large corporations, and public knows about it, then the question of undue influence falls to the voters to resolve. As it should be.

I realize, of course, there are strong arguments against more government-mandated disclosure rules. As Bradley Smith, the former federal elections commissioner, argued recently in City Journal: "Disclosure has resulted in government-enabled invasions of privacy—and sometimes outright harassment—and it has added to a political climate in which candidates are judged by their funders rather than their ideas." Justice Thomas dissented from part of the majority in Citizens United on that very basis.

We'll see what other odious provisions appear in the new legislation. I'm sure there will be plenty of nasty surprises. Congress has a rather elastic reading of the First Amendment. It says "make no law," ladies and gentlemen. "Make NO law."

(Cross-posted at Freedom Pub.)

Trackback URL for this post:

http://blog.infinitemonkeysblog.com/?q=trackback/7243

Comments

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

It says "make no law," ladies and gentlemen. "Make NO law."

Clearly, Ben Boychuk favors shouting "FIRE!" in crowded movie theaters.

(Joking. Joking.)

Fire!

You remember the case in which Oliver Wendell Holmes Jr. coined that phrase? Schenck v. United States. You remember what that case was about, don't you?

More money in politics

There should be little or no restriction on money in politics. There should be no limits on what a candidate can raise and spend.

I'm sorry, but I just can't see how more money in politics is a good thing. The more money involved, the more it becomes a plutocracy.

Make No Law

I suppose this isn't very clear, but the Constitution of the United States does start off with "We the People" [Ee'd Plebnista!]. I'd therefore say that when the Bill of Rights leads off with "Congress shall make no law...abridging the freedom of speech, or of the press" they meant in regards to the People. People. Not business structures.

I suppose further that an argument could be made that corporations are just agglomerations of people and therefore covered under the Bill of Rights inasmuch as each individual is covered. But it seems to me the important thing to keep in mind here is that corporations are tools designed to increase human effectiveness, like a lever, screwdriver or rifle. And that therefore anyone acting under the aegis of a corporation is making use of a tool which greatly increases their effectiveness over another non-incorporated person. This is why corporations exist, after all -- to enable groups of people to do things individual humans can't. And it follows from this that treating someone acting in the name of a corporation the same as someone acting on their own is a mistake.

There's a reason judges wear robes. It's the same reason police and soldiers wear uniforms, the reason Boy Scouts have neckerchiefs and doctors white lab coats. These uniforms are symbols indicating that the person wearing them isn't acting as an individual human, in their own interests, thinking only of themselves. They're acting, when in uniform, as a representative of a larger group -- on behalf of a larger group -- and therefore performing actions in a different way for different reasons. This kind of symbology is very important.

Corporate officers, by and large, don't wear uniforms. But maybe they should. Certainly, even if they're not in uniform, we can recognize when they're acting as part of a larger group, and therefore on behalf of a larger group. As such they're not individuals, and as such they shouldn't be treated as individuals.

Rather sensibly, to my mind, this includes the protections in the Bill of Rights, which come from We the People and are extended to We the People. Not We the Legal Fictions.

People

And Another One

Here's a good one from one of my favorite cartoonists, recently dropped by those pinkos at Salon.