Center for Competitive Politics

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.

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.

House Republicans should probably investigate Senate Democrats for the big role they played in the IRS scandal

House Republicans have spent a significant amount of time over the 13-plus months investigating the Internal Revenue Service and disgraced official Lois Lerner over the targeting conservative and Tea Party groups.

But a series of ethics complaints filed by the Center for Competitive Politics earlier this month highlights the involvement of nine Senate Democrats, including Sens. Carl Levin (D-MI) and Chuck Schumer (D-NY), in the IRS scandal, as A. Barton Hinkle explains:

The complaint details several letters Levin wrote to the IRS in which he insisted that “a message needs to be sent” to social-welfare groups “on an urgent basis,” and that the message should make it “crystal clear” they needed to restrict their political activities. Just so the IRS would not misunderstand, he drew attention to two TV advertisements—one by Crossroads GPS and another by Patriot Majority USA.

Unsatisfied by the IRS response, Levin continued to press the agency to give such groups—which are organized under Section 501(c)4) of the tax code—”a choice: either lose their exempt status (and pay taxes) or eliminate the partisan political activity.” He followed that up with a demand to see confidential information about Crossroads GOP, Priorities USA, Americans for Prosperity, and Patriot Majority USA. Informed that “the IRS cannot legally disclose” what he wanted, he tried again—and again. As the ethics complaint notes, “IRS Acting Commissioner Steven Miller acknowledged in an interview that Senator Levin’s effort did, in fact, have an effect on the IRS’ internal proceedings.”


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