First Amendment

SCOTUS Agrees to Hear McCutcheon v. FEC: Free Speech Update

James Earle Fraser's statue The Authority of Law, which sits on the west side of the United States Supreme Court building, on the south side of the main entrance stairs.

Our friends at Outside the Beltway clipped a Washington Post story that sets up a new look at decades-old campaign finance law by the nation’s high court, just three years after their landmark decision in Citizens United v. FEC. Washington’s paper of record reports:

The Supreme Court reentered the controversial field of campaign finance Tuesday, agreeing to consider a Republican challenge to decades-old limits on the total amount a person can contribute to candidates, political parties and political action committees.

It is the court’s first major campaign finance case since its 2010 decision in Citizens United v. Federal Election Commission, which allowed unlimited corporate and union spending in elections. By extension, the decision led to the creation of super PACs, whose multimillion-dollar donations transformed funding of the 2012 presidential contest.

LA Gov. Bobby Jindal: Get Government Out of Birth Control

//creativecommons.org/licenses/by-sa/2.0/fr/deed.en)], via Wikimedia Commons

In an excellent piece urging that oral contraception become available over the counter that ran in this morning’s print edition of the Wall Street Journal (subscription may be required), Louisiana Governor Bobby Jindal, whose résumé includes a litany of health policy wonkery, sounded the death knell of both big government’s dominion over one aspect of reproductive health, and the pharmaceutical industry’s influence over that policy. Further, Jindal’s position masterfully bridges the gap between social conservatives and libertarians, as it accounts for both market-based health care (vs. Obamacare) and the protection of religious liberty and conscience (also vs. Obamacare). Here’s an excerpt:

Reflections on the 2012 Cycle

Excerpted from “How I Voted — 2012 Edition” at The Dangerous Servant.

vote

Obama won a large Electoral College victory, but he did not receive a mandate for his agenda

People more eloquent than I am (who probably had more coffee today than I did) have already made this point. I thought this tweet from left-of-center blogger Cory Doctorow summed things up pretty nicely:

When it’s a struggle for your most vocal supporters to root for you, that’s not a good sign about how effective you’ve been as a leader. To read more on how exactly Chicago pulled off this election, see thisTIME piece. That kind of attention to detail made the Obama reelection effort more nimble and better prepared to adapt to changing conditions on the ground, and it’s really no surprise (from an operative’s perspective) that they won.

Another Benefit from Citizens United: Political Letters from Companies to Employees


FEC logo

Last Friday, former FEC commissioner and chairman of the Alexandria, Virginia-based Center for Competitive Politics Brad Smith published an editorial in the Wall Street Journal on Koch Industries*** sending its employees letters about the upcoming presidential and congressional elections, and left-wing hysteria over those letters. Smith does a great job demonstrating why these types of corporate communications are good for employees:

A report released this week by the Business Industry Political Action Committee (Bipac) found that employees ranked their employer’s website as the most credible source of political information on the Internet, more than media sites or parties and candidates. Over 75% of the more than 500 respondents from a variety of industries indicated that employer-provided information was useful in deciding how to vote, and over a quarter said it made them more likely to vote.

This comes on top of past Bipac research showing that 47% of employees said that employer-provided information had “somewhat” or “strongly” increased their awareness of how various policy proposals affected their employers.

It should come as no surprise that employees want to know how government policies will affect their employers, and by extension their jobs. One might even argue that business leaders have an obligation to share with employees credible, accurate information on how public policies might affect the company.

Hey, Let’s Not Nationalize Facebook

Dislike (Radiant)

There are dumb ideas…and then there are really dumb ideas. And then there are, so to say, Congressional politicians. We’re not quite at that level yet, but it seems like it. I am of course, referring to a rather silly piece in Slate magazine titled “Let’s Nationalize Facebook,” written by one Phillip N. Howard, a professor of communications and information technology from the University of Washington. His reasons for doing so are:

Over the last several years, Facebook has become a public good and an important social resource. But as a company, it is behaving badly, and long term, that may cost it: A spring survey found that almost half of Americans believe that Facebook will eventually fade away. Even the business side has been a bit of a disaster lately, with earnings lower than expected and the news that a significant portion of Facebook profiles are fake. If neither users nor investors can be confident in the company, it’s time we start discussing an idea that might seem crazy: nationalizing Facebook.

Point vs. Counterpoint: Chick-fil-A, Gay Marriage, and Boston Mayor Tom Menino

Cross-posted from Friction Tape.

//creativecommons.org/licenses/by-sa/2.0)], via Wikimedia Commons

In a blog post yesterday morning, my former Cato Institute colleague Tom G. Palmer, who is openly gay and who once “brandished a pistol to scare off several men who he feared were about to attack him because of his sexual orientation,” discussed Boston Mayor Tom Menino’s reaction to Chick-fil-A president Dan Cathy’s on-the-record remarks about his company’s multi-million dollar support for traditional marriage causes and advocacy. Mayor Menino, in an interview with the Boston Herald, subsequently threatened to lean on city planners to deny Chick-fil-A business licenses it would need to operate within the jurisdiction:

“If they need licenses in the city, it will be very difficult — unless they open up their policies,” he warned.

Menino also told the Herald that

“Chick-fil-A doesn’t belong in Boston. You can’t have a business in the city of Boston that discriminates against a population. We’re an open city, we’re a city that’s at the forefront of inclusion.”

Tom Palmer concluded his post, writing

DISCLOSE Act’s Lead Sponsor: We Need Campaign Finance Reform to Protect Incumbents

Sen. Sheldon Whitehouse. Photo courtesy of the Office of Sen. Sheldon Whitehouse.

Following up on my piece last week on the newest version of the DISCLOSE Act, which failed a cloture vote to overcome a GOP filibuster last night, and which will face another cloture vote around 3pm Eastern today, I wanted to share this interview of Sen. Sheldon Whitehouse (D-Rhode Island), the lead sponsor of S.3369, conducted by progressive talk radio host Sam Seder at this year’s Netroots Nation conference.

Around the 1:35 mark, Sen. Whitehouse says (emphasis added)

Sandra Fluke: Totalitarian

Apparently a reporter at the New York Times Magazine didn’t get the memo that left-wing feminist hack Sandra Fluke’s 15 minutes were long past up. The reporter, Andrew Goldman, tracked Sandra down to get her er…..thoughts on some issues related to her call for the American people to pay for her birth control.

First up: About Rush Limbaugh’s despicable comments calling her a “slut” and attempts to have him taken off the air.

Free speech is a complex area legally, but it’s important to recognize that there are distinctions between one’s ability to express an opinion versus one’s ability to use F.C.C.-regulated airwaves to do so, and also one’s ability to engage in speech versus one’s ability to engage in slander.

First of all, there is no moral defense for what Rush Limbaugh said about Sandra Fluke. If Rush Limbaugh called my mother, wife, daughter, girlfriend, sister, or any other woman I care about a slut, I would have some choice words for him. As a Southern boy, I was raised by my single mom to show women respect. However, I will defend to my death Rush Limbaugh’s right to free speech.

“Whither the ‘Challenge and Question Authority’ Liberals?”

That’s the title of an opinion piece I wrote for The Daily Caller which you can read in its entirety here.

A selection:

…in the market for political representation, the powerful thrive on market failure. Economics teaches us that (near-) perfect information is a prerequisite for well functioning markets. Thus, in the market for political representation, the press plays the critical role of finding and relaying information to the public it otherwise would not have, of correcting an information asymmetry. When the press cannot (or does not) do its job, or when the government will not allow it to do so, the government enjoys surplus political capital (support, votes, power) at the expense of the governed.

It is deeply troubling that reporters have succumbed so far to this paradigm of failure that an incident like Friday’s [kerfuffle between The Daily Caller’s Neil Munro and President Obama] shocked the status quo such that a veteran Washington reporter found himself castigated openly by his colleagues.

I hope you’ll read the rest, and share with your friends!

Cross-posted.

Who Has The Party Delegates?

What all the GOP candidates are after, are so-called ‘delegates.’Elected officials that will broker the convention of either party this fall. Officials are parcelled by the amount of votes, the candidates receive in the primary.

During Michigan’s primary recently, for instance, there were 30 official delegates, state-wide. Two were ‘at-large’ candidates, which meant they could be assigned individually to any winning candidate. The other 28 were ‘proportional’ ones, alotted through 14 congressional districts. During the push for the nominations in Michigan last night, Mitt Romney and Rick Santorum spent millions of dollars to influence the voting population; with TV ads, pamphlets, media, interviews, rallies, stickers, and much more. Michigan’s grand sum of politcal expenditure was near six million bucks.

Delegates are what really counts at the GOP convention. What looks to be happening, is that no clear winner will come out victorious. There’s a righteous number: 1444 delegates will win any nominee the victory-nod of the Republican National Committee. Nationwide, 2169 delegates are extended for contestation, until the RNC celebration in Tampa, Florida. From the RN Committee, an additional 117 delegates are added into the mix, ostensibly to keep debate lively and clear-up dead locks. So what appears, on first looks, to be a rather hot-headed and fast paced Republican rocket-launch to the RNC, is more like a jammed or misfired pistol in a duel.

Momentarily, Mitt Romney is in the lead, with 167 total delegates. Rick Santorum is second with roughly half, at 87. Newt Gingrich won only one state and has 32, while Ron Paul has 19 carefully collected delegations. The count may reshuffle at any moment, since constitutionalism and populism together, ring alarm-bells in states such as Arkansas, Kentucky, Tennessee, Texas, Oklahoma and New Mexico.

 

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