Supreme Court's naive prediction

[ElNono]

Corporate campaign ads haven't followed Supreme Court's prediction

Excerpts from the article:

The Supreme Court sent a wave of corporate and union money flooding into campaign ads this year, but it did so with the promise that the public would know — almost instantly — who was paying for them.

"With the advent of the Internet, prompt disclosure of expenditures can provide shareholders and citizens with the information needed to hold corporations and elected officials accountable for their positions," Justice Anthony M. Kennedy wrote in January. "This transparency enables the electorate to make informed decisions and give proper weight to different speakers and messages."

But Kennedy and the high court majority were wrong.

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"The biggest change this year is that it is no longer possible to identify the individuals who are responsible for funding election communications," said Karl J. Sandstrom, a former FEC commissioner who advises Democrats on election law.

He called Kennedy's opinion naive and said it reflected a "very uninformed view of how disclosure works."

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The reasons, said Tara Malloy, a lawyer for the Campaign Legal Center in Washington, are "weaknesses in the tax law, radical under-enforcement by the FEC and the failure of Congress" to enact a new disclosure law.

Under the tax code, nonprofit groups can register as "social welfare" or other organizations, meaning they can spend money on campaign ads without having their name disclosed as long as their primary activity is not political. In a little-noticed opinion in August, a divided FEC took the view that big donors who fund ad campaigns need not be disclosed unless the donor gave the money for a "particular advertisement."

That is "an impossible-to-meet standard," said former FEC Chairman Trevor Potter, counsel for Arizona Republican Sen. John McCain's presidential campaign, saying that almost any contributor can remain anonymous.

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Last week, Public Citizen and several other liberal advocacy groups complained to the FEC and accused the new political committees of evading the law.

The public needs "to know which corporations and billionaires are behind the attack ads now polluting our airwaves," said Robert Weissman, president of Public Citizen.

But Bradley A. Smith, another former FEC chairman and a leading conservative foe of many of the campaign finance laws, said such disclosure was unnecessary.

"Voters do know who is funding the ads — every single one of them," he said.

Smith said the U.S. Chamber of Commerce discloses its spending on election ads, as does Rove's group, even if they do not specifically disclose their donors.

"Is there anybody who doesn't know where the chamber is coming from?" he asked. "None of this troubles me in the least."

[boutons_deux]

The 5 extremist SCOTUS right-wingers were put there by the VRWC, which has also been putting similar s bags in lower federal courts. It's part of the VRWC coup d'etat, which is approaching irreversible completion.

Pack the SCOTUS with right-wingers, and those right-wingers ACTIVELY, anti-minimalist-ly, overturn 100+ years of stare decisis that says corporations don't have rights human persons, can hide behind the 4th amendment, and care use the 1st to corrupt with 100s of $Ms (even more) elections and the elected, in total secrecy.

Expect the Corporate-Americans to start exercising aggressively their 2nd Amendment shooting rights.

[Wild Cobra]

Has boutons ever made a post without certain key phases he likes?

[boutons_deux]

VRWC explains perfectly and simply how the US is being taken over by the corps and capitalists, and you, if you wanted to, can't do anything to stop it.

[RandomGuy]

But Kennedy and the high court majority were wrong

Whoopsies.

Wonder what they think of their reasoning now..?

[Winehole23]

What can they do? Events overran it.

[RandomGuy]

What can they do? Events overran it.

Does ANYONE think that a GOP dominated congress benefiting massively from the business lobby advertising largesse will attempt to pass a reform that would turn off the spigot?

[DarrinS]

Aqua Buda

Taliban Dan

[Winehole23]

Does ANYONE think that a GOP dominated congress benefiting massively from the business lobby advertising largesse will attempt to pass a reform that would turn off the spigot?

A Democratic (near) supermajority has not done so. Nor has it shown much inclination to do so.

So no, I see no reason why their honorable opponents should do so either.

[boutons_deux]

"Democratic (near) supermajority has not done so"

There never was any supermajority in the Senate.

Blue Dog DINOs (almost all from southern and/or rural states) in the Senate would have blocked any serious reform.

GAMEOVER. America is taken over by the VRWC. There really is no hope that the coup d'etat can be reversed.

[Winehole23]

Your bowl of Cheerios is taken over by the VRWC. Your breakfast is ed, and un able.

[MannyIsGod]

Does ANYONE think that a GOP dominated congress benefiting massively from the business lobby advertising largesse will attempt to pass a reform that would turn off the spigot?

Totally misread this. Both parties know what keeps them in power and aren't about to give it up.


This is an excellent example of American public ignorance coming into play. How many people on the street do you think are aware of the current situation? 5%? 10% Surely 20?% is far too high a figure. I think that if you take the voter turnout for the upcoming elections and then maybe a third of those people have a mediocre understanding of why campaign finance is such a huge issue.

Until more people become educated on the issue there will be no change. Thats a fairly simple fact. The force to change this will not come from within. Any true voice of dissent from within will just be cutoff at the knees and silenced before any true reform can take place.

I will say this. Anytime anyone with any party affiliation argues against corporate power limitation they are arguing in favor of this system.

[MannyIsGod]

Your bowl of Cheerios is taken over by the VRWC. Your breakfast is ed, and un able.

In a sense he's right. Whether or not you attribute it to a VRWC is irrelevant because the more important idea is that its not going to change.

[Winehole23]

You apparently share boutons' despair about government being coopted.

That's understandable, but unfortunate. As long as we continue to elect special interest pawns, we have a hand in our own demise. If enough people cared and thought they could do something about it, in principle the trend could be reversed.

[MannyIsGod]

When the majority of the people in this country can't name the ing vice president I don't expect them to understand how he gets into office to begin with. Our country is incredibly dumb and I'm amazed by it on a daily basis.

[Winehole23]

Argue for your limitations and sure enough they're yours.

[boutons_deux]

"elect special interest pawns, we have a hand in our own demise"

ok, I'll explain it again, pay attention

no matter if some "honest, good faith, voter-representin" congressperson gets elected, he'll be coopted first term, corrupted by the DC money bags, and he'll need that money to get re-elected, so they vote the way the lobbyists/corps/money pays them to vote.

lobbyist's deal: "hey freshman, I've got $1M cash in my briefcase. You can have it or I'll give to your opponent"

"or maybe your spouse can start a tax-free foundation, I'll finance it, she pays herself $250K/year." deal?

[MannyIsGod]

That quotes nice and all but its also utter and complete bull . I didn't make the country dumb, WH, nor do I want it to be so. The situation is what it is but if you are free to remain as optimistic as you like. Hopefully your happy thoughts will make the people here smarter because our broken education system sure as isn't going to do it.

[Nbadan]

In Europe the people hold the government accountable and have real limits on who and how much companies can fund politics, (typically none) and the system works...

....meanwhile, Americans are falling for the same ole negative campaigning from a party that every 4-6 years fails miserably at yet it latest effort at 'reform' and fiscal 'responsibility'...and when the GOP sells us all to the highest bidder again, we shake our heads and blame the system...blame yourself!

[Winehole23]

The situation is what it is but if you are free to remain as optimistic as you like.

Thank you. I'll keep my own candle burning.

Feel free to discard your own however you like.

Hopefully your happy thoughts will make the people here smarter because our broken education system sure as isn't going to do it.

My "happy thoughts", as you call them, are mainly for me. I seriously doubt I'm much of an influence on others.

[DMX7]

The USCC is a pretty little black box.

[MannyIsGod]

Thank you. I'll keep my own candle burning.

Feel free to discard your own however you like.

My "happy thoughts", as you call them, are mainly for me. I seriously doubt I'm much of an influence on others.

Argue for your limitations and sure enough they're yours.

[Winehole23]

(touche')

[RandomGuy]

A Democratic (near) supermajority has not done so. Nor has it shown much inclination to do so.

So no, I see no reason why their honorable opponents should do so either.

Yup. I wrote that bit about the GOP but didn't quite acknowledge the Dems have the union money flowing into ads too, although their bankroll is less collectively than the business interests backing the GOPpers

I think we need to really try to force some transparency. Wishful thinking, I know.

One BIG winner in the 2bn+ that has been spent on campaigns is local television stations. On the bright side, maybe they will be able to hire back some of the newsroom journalists they have had to let go in the last decade.

[boutons_deux]

"2bn+"

I've estimates from $3B to $4B+, and there are 5 days left to spend more.