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Roberts Court Overturns Yet Another Precedent in Favor of Corporate Campaign Cash

Discussion in 'BBS Hangout: Debate & Discussion' started by SamFisher, Jan 21, 2010.

  1. glynch

    glynch Member

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    Fine. Ban GE and other corporations from owning the media.

    Look, hard core right wingers see this as a victory for them and it is. It is a victory for the corporate elite and gives them even more power over the government and thereby our lives. Many folks liberal, moderate and conservative view the corporate elite as having enough power. Folks like to yammer about the Founders, but they feared the power of corporations and I don't think that can be denied.
     
  2. SamFisher

    SamFisher Member

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    Considering that the government didn't have that power under McCain-Feingold I don't see why this is relevant.

    But anyway - sure, if necessary, the government already has the power to regulate the printed word for all sorts of reasons. Obscenity, Piracy, National Security, Time Place & Manner restrictiosn etc.

    Of course, given that books, given the medium, don't really have the effect on the polticial process that campaign advertising does - I don't see any danger of regulation here, I mean in the 100 years of regulating corporate political speech, I don't know of any examples of this happening. And further, books weren't covered by the provision of McCain feingold at issue.
     
  3. basso

    basso Member
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    books don't, but movies do?
     
  4. SamFisher

    SamFisher Member

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    Yes, that's why campaigns buy advertising time rather than print coffee table books.
     
  5. ghettocheeze

    ghettocheeze Member

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    Here lies the major issue, you believe books don't really affect a political campaign like tv ads and you are correct in that view and I agree with you. However, the case for free political speech is one in which the gorvernment shouldn't be allowed to regulate based on the effectiveness of one medium or another.

    Now let's take this a bit further, the provisions inside McCain-Feingold specify that corporations cannot spend money on a campaign 30 days prior to a primary and 60 days before a general election.

    The secondary issue is that before these time frames, a corporation can exercise speech without a problem. Therefore corporation X can spend whatever it wants let's say today in favor or opposition to any candidate that is running this November. However, once we are within 60 days of the election, the government can supress the political speech by banning tv ads, movies, DVDs etc...

    That to my is violation of free speech, the government cannot dictate what is expressed during an election if the same speech is allowed 60 days prior to it.

    The case itself was ruled based on the testimony of election commissionary who was asked the very simple question:

    "Can you stop a corporation from publishing a political book during an election if the political message is identical to a tv ad?"

    The official responded that in fact he could do so based on the current campaign finance rules.

    This is what made the Justices cringe in fear of what was occuring was a complete violation of the 1st amendement.

    Now my question to you is, would go as far as supporting the idea of banning a book if it carries the same political message as a TV ad?

    If you can't ban a corporation from publishing a book then why should there be a ban on TV ads or movies?

    I know many people are worried about corruption of democracy if a corporation is allowed to spend unlimited amount of funds. However, spending more money doesn't automatically win a seat. There is still a process by which we must vote for our candidate of choice.

    Again I'm more interested in letting corporations exercise political speech and what we need to do is to regulate the disclosure and transparency of the speech. If Exxon wants to spend money on tv ads then the disclosure should clearly state "Paid for by friends of X candidate at ExxonMobil"

    That is what needs to be regulated. Can you imagine any candidate having to justify the clear endorsement of a certain corporation?

    This kind of transparency is much better than the secret funneling of money we have going on today where special interest groups use proxies to channel their money and no one has any idea of the source the contribution.
     
  6. B-Bob

    B-Bob "94-year-old self-described dreamer"
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    ghettocheese,
    fundamentally, why should a corporation receive 1st amendment rights? Why were the founding fathers so cautionary about the role of businesses in the democracy? (Or can someone who occasionally votes for democrats even be allowed to refer to the founding fathers? :) )
     
  7. basso

    basso Member
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    but a movie, not advertising, was at issue in CU. how is a movie substantively different from a book, except for the medium?
     
  8. SamFisher

    SamFisher Member

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    Why not? The government regulates all sorts of in a separate fashion, because they are different mediums.

    Example: Can you write a death metal song at 3 AM?

    Sure.

    Can you play a death metal song at your house really loud at 3 AM without the cops ordering you to shut up?

    No.

    The difference in regulation is entirely based on the medium and the effects of the medium.


    Why not? It is established that the government can enact reasonable time-based restrictions on speech for 100's of years. For example, you can make a political speech in Central Park if you want right now. YOu can't go there at midnight and do it, you'd be arrested. The park is closed.


    I'm aware of all this - but that's not exactly what happened - it's not worth getting into here however.

    I answered this question earlier...if the government could show pervasive effect of books on the electoral process, and passed legislation - sure it probably could. . LIke I said before, books can be regulated for all kinds of reasons. If that's a valid reason then it's a valid reason. Perhaps if this rule proved problematic we could revisit it "as applied" to a specific case. Thus far, I don't know of any.


    And I fidn this all irrelevant to the thrust of my argument - as I said a number of times in this thread, a corporation is a legal fiction created by state law, and endowed with a limited amount of legal rights; I have thus far not seen any reason to extend full 1st amendment protection to them.

    Again, see an earlier post. Like i said, if our previous system of campaign finance regulation was inefficient, so be it, but the scale of change and chaos wreaked in changing it this way is horrific way to adddress that particular problem.
     
  9. SamFisher

    SamFisher Member

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    And that's exactly the argument Stevens was making in his dissent - why don't we just decide on the basis of this movie whether or not the statute would be unconstituonal as applied

    And see my previous post - the medium makes a huge amount of difference. Different mediums have always been regulated differently.
     
  10. basso

    basso Member
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    steven's dissent notwithstanding, that wasn't the government's argument, as per GC above.
     
  11. SamFisher

    SamFisher Member

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    The government's argument was that HIlary: The Movie was a book and not a movie?
     
  12. basso

    basso Member
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    btw, the court specifically said it was not making the determination that foreign corporations could spend money on American campaign commercials with this decision:

    We need not reach the question whether the Government has a compelling interest in preventing foreign individuals or associations from influencing our Nation’s political process. Cf. 2 U. S. C. §441e (contribution and expenditure ban applied to “foreign national”).
     
  13. mc mark

    mc mark Member

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    Sam has already addressed this talking point
     
  14. B-Bob

    B-Bob "94-year-old self-described dreamer"
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    Does anyone know how Cf. 2 U.S.C. §441e applies to multinationals with a strong US presence? They certainly can't be considered "foreign national."
     
  15. SamFisher

    SamFisher Member

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    And what is a foreign corporation for First Amendment purposes basso?

    Is it one incorporated abroad with a license to do business in the US?

    A wholly owned subsidiary of a foreign corporation incorporated in the US?

    A corporation with a controlling yet minority shareholder that is foreign?

    What about a corporation that is state owned with minority American investors.

    What about a corporation incorporated abroad for Tax Purposes yet having all of its operations in the US?

    None of this is clear now at all....this is an entirely new body of jurisprudence that must be created. Unless of course we're just going to treat them the same way we treat foreign corporations for other rights, in which case, it's open season - as long as they comply with state requrrements.

    It's an incredibly incredibly complex question, one that has a huge amount of permutations.

    We didn't have to worry about this last week. And its' one that basically doesn't arise that much in other contexts as it could here.

    As of right now, regardless of the quote, there's nothing on the books PREVENTING any of the above from taking whatever action they want. If Temasek Holdings wanted to start airing ads tomorrow - it could.

    What is to stop it? A footnote from dicta saying taht the Court has expressed no opinion on it? That doesn't make a ****. As the law stands right now, there is nothing stopping it.
     
  16. basso

    basso Member
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    i'm not even sure why Obama made such a big deal out of foreign contributions. during the campaign they disabled security checks on their CC software such that foreign contributions were allowed. it's fairly well known that much of Obama's record horde of cash came from overseas.
     
  17. SamFisher

    SamFisher Member

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    Among birthers and other cognitively-impaired this is indeed well-known.
     
    1 person likes this.
  18. B-Bob

    B-Bob "94-year-old self-described dreamer"
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    Even if the birther nonsense about overseas cash in the past was true, (less likely than me playing in the NBA this season), this thread is about a present ruling and future elections.
     
  19. basso

    basso Member
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    including George Soros'?
     
  20. SamFisher

    SamFisher Member

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    Sure. What is he running for?
     

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