The Wall Street Journal is advocating for the elimination of decades-old law crafted in the wake of the Watergate scandals that prevents coordination between independent groups and political candidates -- a radical position the Journal pretends is a rejection of a "liberal campaign" but actually is a rejection of the conservative majority opinion in Citizens United.
In an October 20 editorial, the Journal praised a highly controversial federal district court judge's newest attempt to legalize prohibited coordination between Gov. Scott Walker (R-WI) and outside right-wing groups. Under investigation for suspected violation of campaign finance laws, these organizations are suing in an attempt to have rules against this type of coordination declared unconstitutional. Although the Citizens United decision allowed corporations to make previously disallowed expenditures in support of political candidates, the opinion from the conservative justices still recognized that a crucial guard against corruption was the federal prohibition on coordination between unlimited "independent" money and the politicians' actual campaigns. Yet the campaign finance nihilists on the Journal editorial board object to this long-established principle as well, misleadingly referring to coordination as a "new liberal target":
That came into stark view last week with a new and welcome judicial ruling in Wisconsin, only days after the Brennan Center issued a trumpet call for government to find more ways to criminalize campaign spending. The new liberal target is "coordination" between politicians and independent groups. This is dangerous stuff.
[The plaintiff in the Wisconsin campaign finance case] is Citizens for Responsible Government Advocates, an advocacy group that wants to collaborate with politicians on a project called "Take Charge Wisconsin" to educate the public about fiscal responsibility and property rights. But the group was unsure it could proceed under Wisconsin law as interpreted by prosecutors, so it sought relief in federal court.
The problem is that Wisconsin and other states have set up elaborate bureaucracies like the Government Accountability Board (GAB) to police free speech and harass individuals and groups that want to run political advertising. Wisconsin's GAB and Milwaukee District Attorney John Chisholm "have taken the position that coordinated issue advocacy is illegal under Wisconsin's campaign finance law," wrote Judge [Rudolph] Randa.
That legal interpretation has already been rejected by state judge Gregory Peterson, but the state and Mr. Chisholm are appealing. Thanks to Judge Randa's ruling, at least the conservatives will be able to engage in issue advocacy without fear of prosecution in the few remaining days before the election.
It's important to understand that this political attack on "coordination" is part of a larger liberal campaign. The Brennan Center -- the George Soros-funded brains of the movement to restrict political speech -- issued a report this month that urges regulators to police coordination between individuals and candidates as if it were a crime.
The report raises alarms that independent expenditures have exploded since the Supreme Court's 2010 Citizens United decision, as if trying to influence elections isn't normal in a democracy.
Although the Journal insists that attempts to eliminate coordination between independent groups and candidates are a liberal plot, it is actually a bipartisan goal that has been repeatedly endorsed by the Supreme Court, including its conservatives. In the 1976 case Buckley v. Valeo, the Court found that "[u]nlike contributions, such independent expenditures may well provide little assistance to the candidate's campaign, and indeed may prove counterproductive. The absence of prearrangement and coordination of an expenditure with the candidate or his agent not only undermines the value of the expenditure to the candidate, but also alleviates the danger that expenditures will be given as a quid pro quo for improper commitments from the candidate." In other words, the Court determined that a lack of coordination between candidates and outside groups is necessary to reduce the potential for or the appearance of corruption in the political process, the core reason campaign finance is regulated.
From the October 16 edition of Fox News' The Kelly File:
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Fox News is claiming that Democratic campaigns and supporters are vastly outspending their Republican counterparts during this election cycle, a suggestion that appears to focus on super PACs and ignores the influence of "dark money" spending that favors the GOP.
On the October 10 edition of America's Newsroom, host Bill Hemmer stated that Democrats have "got a lot of money ... and they're spending it, in some states, 4-to-1 over Republican candidates." National Review Online editor-at-large and Fox News contributor Jonah Goldberg repeated a similar claim on the October 13 edition of Happening Now, downplaying secretive right-wing donors like the Koch brothers and arguing that "the reality is, is that most of the money is actually on the Democratic side" in contentious Senate races like the one in Kentucky:
HEATHER CHILDERS (guest host): So, a lot of this also is coming down to money. And we are talking about big amounts of money that are being spent from both sides in these particular states, so how is that going to influence things?
GOLDBERG: Sure, well, it depends on state by state. You know, in some of these places, you just don't have enough physical airtime in the space-time continuum to buy more ads. I mean, people are throwing in -- you know, the Democrats are just announcing [unintelligible] a million dollars into South Dakota. A million dollars probably would buy, you know, who knows how much airtime in South Dakota at this point. And so you're seeing things saturated all over the place. One of the things that has helped Democrats enormously is, they have actually raised vastly more money than Republicans have at a lot of these different levels. They're spending a lot more money. In North Carolina, they're outspending Republicans, I think, 2-to-1, and yet they claim that it's all the evil Koch brothers and their sort of other James Bond-like villains who are throwing all the money into Republicans. When the reality is, is that most of the money is actually on the Democratic side, but a lot of the mainstream media covers it as if, "Oh, it must be the Republicans who are taking advantage of all of this outside money." [emphasis added]
On October 15, Fox News correspondent Jim Angle continued the network's inapt comparison of the Koch brothers to high-dollar Democratic donors. Angle didn't mention that unlike the progressive billionaires and unions he highlighted, conservative activists like the Kochs are unwilling to publicly stand behind the right-wing policies their billions of dollars fund.
Fox News' narrative is misrepresenting the full and current story on campaign spending, which actually shows that a deluge of undisclosed outside money is supporting Republicans and outpacing similar expenditures for Democrats -- especially in the Kentucky contest.
The 4-to-1 statistic that Hemmer used may be a reference to a widely cited report from The Wall Street Journal that found super PACs aligned with Democrats had raised four times more than their Republican counterparts. By focusing on super PAC figures, Fox News is ignoring massive spending from outside right-wing groups like the U.S. Chamber of Commerce, Fox News contributor Karl Rove's Crossroads GPS, and the Koch brothers' network of secretive and increasingly political groups. These organizations don't reveal their donors, and sometimes -- depending on the type of ad they are running -- they don't even reveal their expenditures. Groups of that sort have spent more "dark money" -- funds from undisclosed donors -- than Democratic-leaning groups have.
The Wall Street Journal is dismissing efforts to convince corporations to be more transparent about their political contributions as "partisan agitprop," despite the fact that the conservative justices of the Supreme Court reaffirmed the need for such transparency in 2010's Citizens United decision.
Although a majority of Americans from across the political spectrum disagree with the court's decision in Citizens United and support a bipartisan effort to reduce the unprecedented influx of campaign spending and "dark money" in politics, the Journal isn't convinced that transparency and disclosure for corporations playing politics is worthwhile. In an October 14 editorial, the Journal complained that groups like the Center for Political Accountability targeted corporations in an attempt to "discourage businesses from participating in politics" by publishing an index that ranks companies based on how transparent they are about their political expenditures. The goal of the index is to encourage corporations to disclose their campaign contributions to their shareholders, since it is the shareholders' money that is financing the political spending in the first place.
But the editorial was unsupportive of the group's activities, despite the fact that the conservatives on the Supreme Court upheld campaign finance disclosures in their majority opinion in Citizens United as indispensable to their decision that corporations can influence elections as freely as actual voters:
Hey shareholders, want some stock tips from a nonprofit outfit that wants to discourage businesses from participating in politics? That's the dubious message from a new index designed to block the political speech of corporations while leaving unions free to donate as they please.
Every year, the George Soros-funded Center for Political Accountability publishes the Wharton-Zicklin index, which ranks companies based on their political disclosure. When the group isn't publishing the index, it spends its time pushing for shareholder proxy proposals that would force companies to disclose their political activity.
The activist group's tactics have also included pressuring companies to cave pre-emptively and disclose political activity for fear of becoming targets. The index ranks companies according to their political transparency and disclosure profile. The Center for Political Accountability then uses those rankings as a truncheon to lobby CEOs to advertise how and how much they spend on campaigns and lobbying.
Most shareholders aren't buying it, but the disclosure gambit deserves to be exposed as the partisan agitprop it is.
A recent CBS Evening News report on unnecessarily strict voter ID laws engaged in the sort of "he said, she said" reporting that ignores the virtual non-existence of in-person voter fraud, a type of false equivalence that media critics have widely condemned.
On October 9, the Supreme Court issued an order that prevented Wisconsin's voter ID law -- one of the strictest in the nation -- from going into effect just weeks before the November elections. Opponents of the law argued that the new identification requirements were not only unconstitutional but would have caused "chaos" at polling places and could have disenfranchised hundreds of thousands of voters who lacked the appropriate ID. A similarly restrictive voter ID law was struck down by a federal judge in Texas that same day, with the judge calling the law an "unconstitutional poll tax" that unfairly discriminated against the poor and people of color.
These types of strict voter ID laws are popular among Republican lawmakers, despite the fact that they are redundant and there is no evidence of widespread, in-person voter fraud -- the type of fraud voter ID laws are designed to prevent. Nevertheless, on the October 10 edition of CBS Evening News, correspondent Chip Reid's segment on the recent legal decisions affecting Texas and Wisconsin's voter ID laws failed to report this simple truth about voter suppression:
Fox News is calling recent court decisions blocking voter ID laws a "setback," despite the fact that these decisions will allow more people to engage in the political process.
On October 9, the Supreme Court issued an order temporarily blocking Wisconsin's voter ID law -- a law that The New York Times called "one of the strictest in the nation." Even though these kinds of voter ID laws disproportionately affect people of color and in-person voter fraud is almost nonexistent, right-wing media outlets has repeatedly celebrated them. National Review Online was highly supportive of Wisconsin's law in particular, and it called fears that the new ID requirements would cause "chaos at the polls" overblown because "there has been no such 'chaos' in any of the other states that have implemented voter-ID laws over the past ten years."
Elsewhere, in Texas, a federal court struck down that state's voter ID law -- another stringent law that right-wing media have described as "a good thing." However, in its ruling, the court called Texas' law an "unconstitutional poll tax" that "has an impermissible discriminatory effect against Hispanics and African-Americans and was imposed with an unconstitutional discriminatory purpose."
Yet Fox News was apparently unmoved by the Texas court's proclamation that the right to vote "defines our nation as a democracy." On the October 10 edition of America's Newsroom, host Martha MacCallum said the "timing" of the orders was "very interesting." Her co-host, Bill Hemmer, said the decisions were "the latest setbacks" to laws "meant to crack down on voter fraud":
The timing is interesting, but probably not in the way MacCallum thinks. Although the court's order doesn't say why it stopped Wisconsin's law from being implemented, SCOTUSblog's Lyle Denniston suggested that "the fact that this year's election is less than a month away may have been the key factor." In its brief in the Wisconsin case, the ACLU also argued that "[n]o court has permitted a voter ID law to go into effect this close to an election based on last-minute changes to the law." Had the law been implemented before the 2014 election, hundreds of thousands of Wisconsin voters could have been affected. According to the ACLU and the Advancement Project, state officials would have had "to issue some 6,000 IDs per day between now and the election" to ensure that every eligible voter had the required form of identification.
The 2014 midterm election cycle is already one of the most expensive ever -- due in part to the Supreme Court's recent campaign finance decisions, which have opened the floodgates for billions of dollars in political expenditures to influence our election system. But the crisis is all but nonexistent on Fox News Sunday, which has rarely discussed money in politics outside of the overblown IRS targeting scandal.
Earlier this year, the Supreme Court dismantled aggregate campaign contribution limits in McCutcheon v. FEC, making it easier for individuals to influence the political process by donating money to an unlimited number of candidates, political parties, and super PACs. McCutcheon was an extension of the court's ruling in Citizens United v. FEC in 2010, which allowed corporations to make unlimited political expenditures to support their favored candidates.
Since the Court decided to hear McCutcheon in 2013, Fox Broadcasting Co.'s Fox News Sunday has discussed campaign finance roughly as often as the Sunday morning news shows on other broadcast networks did -- but its coverage was almost always in relation to the allegation (and right-wing talking point) that the IRS unfairly scrutinized the tax-exempt status of Tea Party nonprofit groups and other conservative organizations.
In fact, out of nine segments on Fox News Sunday that discussed campaign finance reform, seven mentioned the IRS allegations or former IRS director Lois Lerner. The program's other two segments were passing mentions of the existence of campaign finance reform, not comprehensive discussions of the issue. While every other Sunday show aired at least one substantive segment on campaign finance reform, Citizens United, or McCutcheon, Fox News Sunday did not.
Below are five stories that Fox News Sunday could have covered to give its viewers a more complete picture of the crisis of big money in politics.
From the October 8 edition of Fox News' Outnumbered:
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U.S. Sen. Bernie Sanders (I-VT) is criticizing the major news networks' lack of coverage of big money in politics, saying he is "disappointed, but not surprised ... that the networks barely covered the issue."
Sanders' press release comes after a recent Media Matters study found that the subject of campaign finance reform was hardly reported on by either the major networks' evening news programs (ABC's World News Tonight, the CBS Evening News, and NBC's Nightly News) or their Sunday talk shows (ABC's This Week, CBS' Face the Nation, and NBC's Meet the Press). These news programs also largely overlooked the Senate's proposed (and ultimately filibustered) constitutional amendment that would have restored Congress' ability to regulate political spending after the conservative justices of the Supreme Court gutted bipartisan campaign finance law in 2010's Citizens United v. FEC and this year's McCutcheon v. FEC.
Although most of the networks seldom covered the issue, PBS NewsHour, on the other hand, set the standard and broadcast numerous in-depth segments on campaign finance reform, big money in politics, and the Supreme Court decisions that have invited billions of dollars to flow into the federal election system. In fact, PBS NewsHour offered more campaign finance coverage than the other networks combined.
In response to these findings, Sanders called on the media to dedicate more coverage to what he called "the single most important issue facing our country today" and suggested that the networks' insufficient coverage has contributed to the decline of Americans' confidence in the media:
"I am disappointed, but not surprised, by the study's finding that the major networks barely covered the issue of money in politics," said Sen. Bernie Sanders. "There is a reason why confidence in the American media is declining," he added. "More and more people say the media is not paying attention to the issues of real importance to the American people. This study confirms that."
The study found that each network devoted less than single minute per month to talking about campaign finance reform. "To my mind," Sanders said, "the single most important issue facing our country today is that, as a result of the Citizens United Supreme Court decision, we are allowing billionaires to spend hundreds of millions of dollars to elect candidates who will represent the wealthy and powerful rather than the needs of ordinary Americans. This is an issue of enormous consequence."
Sanders cited a recent Gallup poll that found Americans' faith in television news and newspapers is at or tied with record lows. The findings continued a decades-long decline in the share of Americans saying they have "a great deal" or "quite a lot" of confidence in newspapers or TV news.
Fox News co-host Steve Doocy claimed New York City's new law allowing municipal identifications to all city residents will allow undocumented immigrants to vote in state and local elections. But New York City's election law clearly stipulates that only U.S. citizens can vote, and experts explain that the municipal IDs provide much-needed services the city's residents.
National Review Online misrepresented a recent court decision that could allow an unneccessarily restrictive voter identification law to be implemented in Wisconsin only weeks before the November election.
On September 12, the Seventh Circuit Court of Appeals lifted an injunction that a district court judge had previously granted to prevent Wisconsin's strict voter ID law from going into effect due to concerns that its disproportionate effect on communities of color violated the Voting Rights Act. After the three judge panel of the Seventh Circuit issued its order, Wisconsin officials announced that they would move forward with implementing the law despite the fact that election officials are not trained in the new photo ID requirements and absentee ballots have already been turned in. This last minute voting change has the potential to keep hundreds of thousands of Wisconsin voters who lack photo ID from participating in the November election.
Right-wing media quickly downplayed the significance the law might have on the election. On the September 17 edition of Special Report with Bret Baier, Fox News correspondent Mike Tobin managed to point out that the law could affect the outcome of the gubernatorial race in Wisconsin, which shows Republican Gov. Scott Walker in a near-tie with his Democratic opponent Mary Burke. But Tobin minimized the impact of the ID law by erroneously suggesting that "there is only a handful of voters who won't get IDs by election day."
NRO contributor Hans von Spakovsky, a tireless advocate for voter ID laws that suppress the vote of women, minorities, and the poor, also applauded the Seventh Circuit's order, calling it a "stunning blow" for opponents of voter ID. Von Spakovsky overlooked key facts in the case to ultimately conclude there was "no justification for striking down" Wisconsin's law in the first place:
As I explained in an NRO article in May, the district court judge, Lynn Adelman, a Clinton appointee and former Democratic state senator, had issued an injunction claiming the Wisconsin ID law violated the Voting Rights Act as well as the Fourteenth Amendment. Adelman made the startling claim in his opinion that the U.S. Supreme Court's decision in 2008 upholding Indiana's voter-ID law as constitutional was "not binding precedent," so Adelman could essentially ignore it.
However, that was too much for the Seventh Circuit. It pointed out, in what most lawyers would consider a rebuke, that Adelman had held Wisconsin's law invalid "even though it is materially identical to Indiana's photo ID statute, which the Supreme Court held valid in Crawford v. Marion County Election Board."
It was also obviously significant to the Seventh Circuit that the Wisconsin state supreme court had upheld the state's voter-ID law in July ... In fact, the appeals court said the state court decision had changed the "balance of equities and thus the propriety of federal injunctive relief."
In other words, there was no justification for striking down a state voter-ID law that was identical to one that had been previously upheld by both the Supreme Court of the United States and that state's highest court.
A Media Matters analysis found that PBS NewsHour has far outpaced other broadcast network news programs in covering the consequences of the Supreme Court's dismantling of campaign finance reform. In the past year and a half, PBS thoroughly analyzed the effects of Citizens United and its sequel -- McCutcheon v. FEC -- dedicating more time to the issue than all the other networks combined.
National Review Online misinformed about an amendment that would reinstate the ability of Congress to regulate campaign finance and counter Citizens United -- the infamous Supreme Court decision that opened the door for the super-rich and corporations to drown out average Americans in the political debate with unlimited sums of money.
On September 8, the Senate voted to debate the proposed constitutional amendment, which would re-establish campaign finance laws that the conservative justices of the Supreme Court struck down in Citizens United in 2010. That decision overturned part of the McCain-Feingold Act -- much-needed bipartisan campaign finance reforms instituted to prevent corruption of the political process and level the playing field between small donors and the wealthy -- and effectively eliminated limits for independent corporate spending in federal elections. Specifically, Citizens United radically rewrote First Amendment precedent and expanded the legal concept of "corporate personhood," with the court ultimately deciding that the political spending by corporations was constitutionally equivalent to the free speech of actual human voters. The conservative justices chipped away at campaign finance limits even further this year in McCutcheon v. FEC, which abolished direct contribution limits that worked to control the corrupting influence of multimillion-dollar donations.
Although the proposed amendment is intended to restore the First Amendment to its pre-Citizens United interpretation, right-wing media are already denouncing the Senate's attempts to stem the explosion of unregulated high-dollar donations with wild exaggerations. In a September 9 editorial, NRO complained that Democrats were planning to "repeal the First Amendment" by proposing the Citizens United amendment -- which the editorial board called "an attack on basic human rights, the Constitution, and democracy itself" -- and suggested the move would "censor newspapers and television reports." From the editors:
Senate Democrats are on the precipice of voting to repeal the First Amendment.
That extraordinary fact is a result of the increasingly authoritarian efforts of Democrats, notably Senate majority leader Harry Reid of Nevada, to suppress criticism of themselves and the government, and to suffocate any political discourse that they cannot control.
The Supreme Court in recent years has twice struck down Democratic efforts to legally suppress inconvenient speech, citing the free-speech protections of the First Amendment in both cases. Senator Reid's solution is to nullify the first item on the Bill of Rights.
The Democrats are not calling this a repeal of the First Amendment, though that is precisely what it is. Instead, they are describing the proposed constitutional amendment as a campaign-finance measure. But it would invest Congress with blanket authority to censor newspapers and television reports, ban books and films, and imprison people for expressing their opinions. So long as two criteria are met -- the spending of money and intending to influence an election -- the First Amendment would no longer apply.
The amendment that Democrats are putting forward is an attack on basic human rights, the Constitution, and democracy itself. If those who would criticize the government must first secure the government's permission to do so, they are not free people.
The New York Times did not follow the advice of its public editor, who has argued the paper should report that the type of voter fraud that strict voter ID laws are supposed to prevent is virtually nonexistent. In the two-year period between her current and past request that the paper add "the truth" to "he said, she said" coverage on voter ID and voter fraud, the Times reported the evidence on in-person voter impersonation in only 15 of 28 articles.
National Review Online is repeating the claims of conservative groups who compared voter registrations in Maryland and Virginia and flagged potential instances of "double voting" -- voters with the same name and birthdate who may have voted in both states. This method of election integrity has been discredited due to its high rate of false positives and significant risk of voter disenfranchisement.