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High court's ruling is all-out assault on right to engage in politics

Discussion in 'BBS Hangout: Debate & Discussion' started by GladiatoRowdy, Dec 12, 2003.

  1. GladiatoRowdy

    GladiatoRowdy Member

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    High court's ruling is all-out assault on right to engage in politics, Libertarians say

    WASHINGTON, DC -- The Libertarian Party, which is one of the plaintiffs that challenged the campaign finance law upheld on Tuesday by the Supreme Court, has denounced the ruling as an "all-out assault on the right of every American to engage in the political process."

    "Why not just outlaw elections and get it over with?" said Geoffrey Neale, the Libertarian Party's national chair. "The Supreme Court has just given incumbent politicians the power to financially cripple their competitors and, in the process, award themselves lifetime jobs."

    In a 5-4 ruling that shocked advocacy groups across the political spectrum, the Supreme Court endorsed key provisions of the McCain- Feingold campaign finance law. Specifically, the court upheld a ban on "soft money" contributions from wealthy individuals, corporations and labor unions, as well the law's prohibition on running certain political advertisements within close proximity to an election.

    But Libertarians point out that McCain-Feingold was nothing more than an incumbent protection act in the first place -- and that the court's ruling was tantamount to outlawing political competition.

    "Running for office and communicating a message aren't free," Neale said. "So making it illegal to raise money to buy political ads, and banning the ads during the period when they're most effective, is tantamount to outlawing the message itself. That's a crime against the First Amendment as well as an affront to the democratic process."

    Incumbent politicians already enjoy powerful advantages, Neale pointed out, such as name recognition and the ability to attract news media, taxpayer-financed staffs and office space, and the franking privilege.

    The so-called campaign finance reform act was merely an attempt to eliminate the only weapon that many challengers have: contributions freely given by individuals or groups that share their views, he noted.

    Acknowledging that the stated goal of the legislation was to clean up politics, Neale said: "Justice Sandra Day O'Connor pointed out that 'corruption, and in particular the appearance of corruption,' is rampant in Washington -- and of course, she's right.

    "But a free-flowing, robust political debate isn't the problem; it's the solution. The only way to dislodge an entrenched, corrupt politician is to allow competing candidates, and anyone else who so chooses, to publicly criticize them and offer voters a better alternative.

    "By upholding McCain-Feingold, the Supreme Court has merely guaranteed that corrupt politicians will stay in office for a longer period of time."

    In March 1992, the Libertarian Party signed on as a co-plaintiff in McConnell v FEC, the lawsuit spearheaded by Kentucky Senator Mitch McConnell that sought to overturn the campaign finance reform law.

    The party argued that the law would have a devastating impact on its activities by eliminating certain sources of revenue and imposing significant regulatory and administrative burdens.

    For example, the law prohibits the organization from accepting donations of more than $25,000 from any individual; prevents it from taking money from organizations that are not "recognized political committees," so it cannot sell ads in its party newspaper to nonprofit corporations or incorporated businesses; and cannot accept funds for memberships or literature from its own state affiliates, unless they also comply with the law's onerous regulations.

    However, the party was vindicated by one aspect of Tuesday's ruling, Neale added, when the court struck down the provision of the law banning minors from making contributions to political parties.
     
  2. MadMax

    MadMax Member

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    do you agree with this article, andy?
     
  3. basso

    basso Member
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    WOW, and and Scalia agree!
     
  4. glynch

    glynch Member

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    Yeah, maybe we can get to the point, like in Italy, where one guy owns almost all the TV and then has it promotes his candicacy so he can become president.

    Maybe Murdoch can buy up CNN, MSNBC, CBS, ABC etc. give himself free airtime .

    The we will really be free and have "free speech" unfettered by government regulation.
     
  5. GreenVegan76

    GreenVegan76 Member

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    Money is not free speech, it's property. Want to support your candidate? Get off your ass and campaign for him or her.

    Money has absolutely *no* place in campaigns -- it keeps candidates from being impartial (or even fair), and gives the rich an even greater influence in politics. That is not democracy. We should all have the same amount of influence in politics.

    One person should equal one vote. One person should not equal one vote and a say in national economic policies because they raised $10 million for the candidate.
     
  6. Jeff

    Jeff Clutch Crew

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    Frankly, as much as this can be a propping up of the incumbent, I'm glad it made it through. Soft money and, especially, non-connected party support can be a serious issue in politics.

    The local GOP provides a perfect example. I'd point to the Dems, but, frankly, they have no money and little organization so they can't afford to do this. :)

    During the past few city and county races, the Harris County GOP and some groups loosely affiliated with them used money in their general fund to pay for negative campaign mailers and radio ads against opponents of local republicans. Because the money came from their general fund, they were not required to disclose how much was spent or who gave them donations.

    Increasingly, political parties are encouraging businesses and individuals to give donations to the party's general fund from which it can do basically anything include advocate for or against politicians and issues. The problem is that there is no money trail like there are in campaigns that must submit finance reports to state and federal regulatory committees.

    The people who give money to specific campaigns, who they work for and how much they gave are then disclosed for open records. This allows everyone to see just how a candidate or issue is supported and provides oversight. Because party and PAC general funds do not have such oversight, they can do whatever they want and there is no trail to see where the funding is coming from.

    What this law does is force candidates and parties to re-connect with individual voters. They can take as many individual donations as they like. Obviously, they have to disclose that information, but it makes the funding more evenly distributed. More people have access and candidates cannot rely solely on huge corporate contributions.

    It forces them to go grassroots and actually meet with the people who will vote for them and be beholden to their wishes not just because of their vote but because of their contributions. That's a good thing.
     
  7. bamaslammer

    bamaslammer Member

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    I totally agree with the article. The Supreme Court has just opened the floodgates to the political class to piss all over our right of free political speech, which is why the Founders made damned sure to put that in Constitution. Not to protect p*rn peddlers and pagans, but to protect our right to criticize our govt. These are dangerous times for liberty, my friends.
     
  8. GladiatoRowdy

    GladiatoRowdy Member

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    As I have mentioned before, I am an advocate of a fully publicly funded election system. Politicians are responsive to the people who paid for their election and will pay for their next one. If the politicians are truly to represent the people, the elections must be fully funded by the people. Equal time and access to media along with strong regulation of "issue ads" paid for by undisclosed donors would go a long way toward eliminating the political class and making elected office a duty to perform rather than a career to pursue. I believe that is what the founders wanted the Congress to be and it is now possible, easy even, to pay for all elections out of the public coffers.

    Personally, I think you could elect the entire slate of congressional candidates AND the president for less than the $200 million that GWB will spend in the days leading up to November. It is insane to waste that much money, money that could be flowing through the corporate coffers and in the economy and stock market. In addition, I believe that you could set up a system that allows for much more message diversity and encourages exchanges of ideas and debates over 30 second ads and mudslinging.
     
  9. Refman

    Refman Member

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    You really should actually READ the First Amendment and the Federalist Papers which discuss it. This does not impinge the freedom of speech. The Supreme Court did not threaten to jail or to fine those who have a dissenting voince. In fact, they may have broadened the voices to be heard by limiting the ability of the select political few to dominate via the use of enormous sums of money.

    BTW...this is probably one of the only times I will read a political post by GreenVegan and think..."Damned right." :)
     
  10. bamaslammer

    bamaslammer Member

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    As a political science double major, I know the First Amendment very well. It's you who need to read it.

    I think that restricting my right to place an ad on TV 60 days before an election that might "pertain" to an election is a clear assault on it. How can you think otherwise?

    If the Supreme Court decides in a case on the side of a law, it is fully enforceable, meaning the Imperial Federal govt can use deadly force to compel you to follow its mandates, no matter how onerous they are. It states simply "Congress shall make NO law......" But they made a law and the Supremes ruled in favor of it, which is total horse manure.

    Why is that awful law abridging the First? I've used this example a million times. Let's say that you and I oppose an interstate being built through our neighborhood. So we want to have a group that buys time on TV during the election, because candidate A, the incumbent supports the project and candidate B, opposes it. If we simply say that candidate A supports a bad project 60 days before the election, we've broken the law! So 60 days before an election, we can't use the airwaves to express our right to criticize our govt? What b.s. If that isn't an corruption of the First, I don't know what is. Money is speech. And this law would also help incumbents, who receive all kinds of coverage due to their position (which is in effect, free advertising because any congressmen can call a press conference and they show up. If joe-schmo candidate calls one, good luck!) to keep challengers from ever being able to mount any sort of challege against them (how can you convince voters when you have a hard cap against your advertising and the incumbent is on TV all the time because they are in office?).

    Public funding of elections is foolish in the extreme. We would have to pay, out of our tax dollars, to support the whackjob Nazis, Greens, Communists (no difference between those two, Greens are like a watermelon, green on the outside, red on the inside), LaRouches and other undesirables who would line up at the Federal govt. trough. I don't want my tax dollars to bankroll their idiotic activities and infect others with their looniness. Raise your own money, socialist scum and nazi pigs. Get rid of all the limits, but make sure there is full and complete disclosure of all donations. If a candidate takes a ton of money from, say the oil companies and does their bidding, the voters will likely throw his ass out. With the full disclosure, you'd see how much they had their tentacles in him. Let the marketplace of ideas take care of that one.

    And now that the Supremes have okayed this evil bit of legislation, expect more to be on the way, as the political class seeks to make themselves into a defacto nobility, since we can't vote them out of office because of all the pro-incumbent finance strictures. So expect your rights to be further trampled upon.

    We wouldn't be in this pickle if stupid GWB had a pair of functioning testes and stood up to that fool McCain. But GWB is no friend of liberty. :mad:
     
  11. bamaslammer

    bamaslammer Member

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    Read this if you're not quite convinced.
    link
     
  12. glynch

    glynch Member

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    As I have mentioned before, I am an advocate of a fully publicly funded election system. Andymoon

    So Andy I assume you disagree with the article you posted to start the thread? I was thinking you were against the S. Ct decision.

    In fact, they may have broadened the voices to be heard by limiting the ability of the select political few to dominate via the use of enormous sums of money. Refman

    To paraphase you wrt to GreenVegan, this is one of the few posts of yours I totally agree with.

    Let's have the various political ideas compete more on their merits, not just on the basis of who can spend the most to promote their ideas. Note I don't think all ideas deserve the same amount of exposure so you will still have some sort regulations and still have questions regarding free speech and incumbents trying to protect themselves. However , as we saw in California , for instance, not every wierdo deserves full federal funding of their campagns for president.
     
  13. GladiatoRowdy

    GladiatoRowdy Member

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    I was just posting what I saw as an interesting article.

    Not every "wierdo" deserves funding, but we could encourage more diversity by making more people part of the political process with publicly funded elections. It is true that with such a system, the Greens and other second tier parties might have more of an impact, but bamaslammer's bias against those parties aside (bama - under this system, the Libertarians would also have a bigger impact), the only way a communist or nazi would even get funding under my system would be to have some rather significant support in the district where the person is running.

    I don't agree with the nazis, the communists, or the greens (who I see as WAY too socialist), but that does not mean that their voices shouldn't be heard. a little diversity would go a long way to reducing the black and white attitude at work in Washington these days.
     
  14. MR. MEOWGI

    MR. MEOWGI Contributing Member

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    I remember when the Bayport Container Terminal Plan in Galveston Bay was being decided, I saw absolutely no opposing ads on TV. I only saw professionally produced ads in support of Bayport, and many of them. More groups should be able to have a voice with the current media. But I don't understand the 60-day ban, could someone explain?
     
  15. bamaslammer

    bamaslammer Member

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    Publicly funded elections would be a horrible waste of tax dollars. As the tax form "check the box" opinion poll shows, no one wants it to happen. Less than 10 percent of people check the box.

    Money is not corrupting the system! Money in politics has always been around and will always be around. Diversity in opinion is ridiculous when my tax dollars are being spent so the LaRouches can spread their conspiracy theory horsepuckey. Get rid of all campaign finance limitations (the limits are far too low nowadays), enact full disclosure and let the chips fall where they may.
     
  16. GreenVegan76

    GreenVegan76 Member

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    LOL

    Thanks, I think... :p
     
  17. GreenVegan76

    GreenVegan76 Member

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    I see your point and understand your principles, but I strongly disagree with these assertions. Money corrupts politics -- it gives favor, power and influence to those who have money, and essentially removes everybody else from the political process.

    Once elected, the candidate is beholden to those who funded his or her campaign, not the constituents. That's not democracy. Everybody should have the exact same influence -- one person, one vote. If you believe enough in a candidate to support him or her, work on their campaign.

    Publicly funded elections remove special interests and corporate influence from the equation, and would keep politicians honest. They would serve you and me, not those who padded their pockets.

    Plus, from an economic standpoint, publicly financed elections would be an absolute boon to taxpayers. Sure, elections would cost millions to fund, but how many billions are spent annually on special interests who funded campaigns?
     
  18. SamFisher

    SamFisher Member

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    Well looky here, a conservative catfight!!

    :cool:

    I have extensive firsthand experience with this issue that I can't/don't want to get into, but in any event my take is the issue is this: Title one (soft money) I have no problem with. Title two (issue ads) I don't like that much, it cuts a little too close to the first amendment.

    Perhaps the most interesting thing about this issue was the way it broke down across party lines, yet with both parties acting against their ultimate self interest. Republicans on the whole opposed the legislation(guys like McCain were the exception, guys like McConnell are more typical). Democrat, on the whole, were in favor of the legislation. Howevr, the result of the legislation was to give Republicans a huge adavantage. While Republicans collect more or as much soft money than democrats, a greater proportion of democratic contributions were soft money.

    Since the legislation has been enacted, Republicans have been outraising democrats by a wide margin. Yet legislators from both parties continued to support/oppose the legislation even though it was strategicaly disadvatageous/advantageous for them to do so.

    Sort of a good example (in an ironic context) of principles trumping politics for once.
     
  19. HootOwl

    HootOwl Member

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    Actually, McCain-Feingold does not prohibit you, as an individual, or even as part of a non-profit group from doing this.
    Only corporations are subject to the restriction.

    http://bbs.clutchcity.net/php3/newreply.php?s=&action=newreply&postid=1158269
     
  20. HootOwl

    HootOwl Member

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