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What's Next for Campaign Finance?-Daily Campaign Finance Reform Thread - Day 57
CATO Institute ^ | 4/6/04 | John Samples

Posted on 02/06/2004 7:21:37 AM PST by Valin

More than a month has passed since the Supreme Court handed down its decision narrowing First Amendment protections for underwriting free speech. Because the initial reactions of fear and loathing have largely passed, now is the time to think about what should be done next.

Certainly, the people who gave us the McCain-Feingold campaign finance laws have their agenda firmly set: Impose more legislative restrictions on money in politics and elections. To resist their plans, defenders of free speech need to think about how America got to the point that McCain-Feingold could be enacted and subsequently blessed by the Supreme Court.

Start with Congress. Too many Republicans and conservatives who had long professed a principled concern for freedom of speech in campaign finance in the end preferred the political benefits of banning soft money. It's not hard to see why. The Democrats turned out to be pretty skilled at raising soft money; once soft money ended, the Republicans big hard-money advantage counted for more, and the Democrats started trying to undermine McCain-Feingold.

From a partisan perspective, the soft money ban has hardly been a disaster for the Republicans. Similarly, the presidential politics of McCain-Feingold are pretty clear. President Bush is probably the best fundraiser ever of hard money. The soft money ban did him no harm, but it did take away a potential primary challenge from Sen. John McCain and thus a possible threat to his re-election.

Like the Medicare drug benefit and the education bill, the president's signature on McCain-Feingold also took away a Democratic issue for 2004.

If Republicans are going to fight against future restrictions on campaign finance, they must decide they are truly against them as a matter of principle and yes, of long-term partisan interest.

Listening to Republican Hill staffers in December, I have concluded that many Republicans in Congress were sure that McCain-Feingold was unconstitutional, but they voted for it anyway, assuming that the president or the Supreme Court would come to the defense of free speech. Wrong.

But the McConnell v. FEC disaster can't be blamed entirely on political misjudgments. Ironically, enough conservatives did not spend enough money in their struggle to be free to spend money on elections. Consequently, the struggle for public opinion on this issue was one-sided.

The groups behind McCain-Feingold invested more than $70 million in getting their bill through Congress and the Court. Sympathetic foundations and wealthy individuals lavished money on lobbying groups, Washington think tanks and sympathetic academics to advance the case for restrictions.

I recall once talking to a promising young scholar who had just attended his first Washington conference on campaign finance. He remarked that the Pew Foundation "had bought up all the academic talent in town" on campaign finance. Indeed, they had. The names of the people supported by Pew and other liberal foundations can now be found in the majority opinion in McConnell v. FEC. Their investment in lobbying and academic research paid off handsomely. They convinced five Supreme Court justices -- three of whom were appointed by Republicans -- that making a certain kind of campaign contribution is a corruption of politics, not a constitutional right.

Only a handful of think tank researchers write regularly against campaign finance restrictions. No groups are dedicated full-time to fighting campaign finance battles and keeping the news media updated on the case for liberty.

Until last week, conservatives seemed to believe that a Republican majority in Congress, along with a crew of talented election-law specialists, could stave off campaign finance restrictions. That strategy failed. A new one is needed for the battles to come.

The groups that want to further restrict campaign finance still have a lot of money at their disposal, no shortage of political skill, and a limitless desire to limit the rights of Americans to spend money on politics. If conservatives expect to stop future restrictions, they have to fight this battle all the time and not just in the courts and Congress. Unless conservatives invest in the struggle to defend the First Amendment, McCain-Feingold will be only the first of many laws that punish criticism of government.


TOPICS: Constitution/Conservatism; Government; Politics/Elections
KEYWORDS: billofrights; campaignfinance; cato; cfr; cfrdailythread; mccainfeingold; shaysmeehan

1 posted on 02/06/2004 7:21:39 AM PST by Valin
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To: RiflemanSharpe; Lazamataz; proud American in Canada; Congressman Billybob; backhoe; jmc813; ...
Yesterdays Thread
McCain-Feingold Unmade?
Washington Post 2/5/04 Thomas B. Edsall
http://www.freerepublic.com/focus/news/1071992/posts?page=1


Note: If you would like to be on/off this Campaign Finance Reform list let know

If you are interested in posting some of these threads please let me know.
2 posted on 02/06/2004 7:24:43 AM PST by Valin (Politicians are like diapers. They both need changing regularly and for the same reason.)
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To: wildandcrazyrussian; King Black Robe; DustyMoment; Smile-n-Win; 4ConservativeJustices; Eastbound; ..
Hugh & Series, Critical & Pulled by JimRob
Special to FreeRepublic | 17 December 2003 | John Armor (Congressman Billybob)

This is nothing like the usual whine by someone whose post was pulled. JimRob pulled my previous thread for a good reason. "If direct fund-raising were permitted on FR, it would soon be wall-to-wall fund-raising."

So, let's start again correctly. This is about civil disobedience to support the First Amendment and challenge the TERRIBLE CFR decision of the Supreme Court to uphold a terrible law passed by Congress and signed by President Bush.

All who are interested in an in-your-face challenge to the 30- and 60-day ad ban in the Campaign Finance "Reform" Act, please join in. The pattern is this: I'm looking for at least 1,000 people to help the effort. I will run the ad, and risk fines or jail time to make it work -- AND get national support.

But there should be NO mentions of money in this thread, and not in Freepmail either. This is JimRob's electronic home, and we should all abide his concerns.

Put your comments here. Click on the link above, and send me your e-mail addresses. I will get back to you by regular e-mail with the practical details.

This CAN be done. This SHOULD be done. But it MUST be done in accord with JimRob's guidelines.


Fair enough?
http://www.freerepublic.com/focus/f-news/1042394/posts



Update
I've already tested the idea of my in-your-face challenge ads, first in the print media and then deliberately illegal on TV, with certain editors I have a long relationship with. I could trust these two gentlemen, one in the print media and the other in the broadcast media, with a "heads up" on what I am planning. Both said they wanted to know, in advance, when I am about to do this.

The bottom line is clear. If I am willing to put my neck on the line, with the possibilities of a fine and jail time, THAT effort will put CFR back on the front page in all media. And that is part of the point. There's not much value of going in-your-face against the enemies of the First Amendment unless the press takes up the story and spreads the word. It is now clear they will do exactly that.

Update 2
QUICK PROGRESS REPORT, ANSWERING A SUPPORTER'S QUESTION:
We have about 15% of the needed 1,000 sign-ups.

Spread the word, direct folks to the front page link on my website.

Google-bomb the phrase "anti-CFR" directing readers to that page and link. (We're already #2 and #4 on Google.)

Target date is now August, since the NC primary looks to be put back to September. (Remember, the ad isn't illegal until the 29th day before the election.)


Cordially,

John / Billybob


Note if you are interested in more on this please contact Valin or Congressman Billybob
3 posted on 02/06/2004 7:25:59 AM PST by Valin (Politicians are like diapers. They both need changing regularly and for the same reason.)
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To: Valin

4 posted on 02/06/2004 7:35:08 AM PST by counterpunch (click my name to check out my 'toons!)
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To: Valin
Like the Medicare drug benefit and the education bill, the president's signature on McCain-Feingold also took away a Democratic issue for 2004.

So by signing on to CFR the politicians can all claim they saved the union from those evil campaign contributions, by limiting our free speech? Just to eliminate an area of contention?

5 posted on 02/06/2004 7:56:13 AM PST by 4CJ (||) Support free speech and stop CFR - visit www.ArmorforCongress.com (||)
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To: Valin; All; DustyMoment; sheltonmac; jgrubbs; Tailgunner Joe; ETERNAL WARMING; Mercuria
If Republicans are going to fight against future restrictions on campaign finance, they must decide they are truly against them as a matter of principle and yes, of long-term partisan interest.

I agree. There used to be a Republican consensus on this, with McCain's position frowned upon. Bush changed that after he was elected.

Listening to Republican Hill staffers in December, I have concluded that many Republicans in Congress were sure that McCain-Feingold was unconstitutional, but they voted for it anyway, assuming that the president or the Supreme Court would come to the defense of free speech. Wrong.

I hope Congrss wakes up to this soon. If this was their strategy they need to repeal NOW.

Until last week, conservatives seemed to believe that a Republican majority in Congress, along with a crew of talented election-law specialists, could stave off campaign finance restrictions. That strategy failed. A new one is needed for the battles to come.

If Congress won't repeal McCain-Feingold and the President or Vice-President don't request that Congress repeal, then we need to elect somebody who shows that they believe in fidelity to the First Amendment.

The groups that want to further restrict campaign finance still have a lot of money at their disposal, no shortage of political skill, and a limitless desire to limit the rights of Americans to spend money on politics.

As long as CFR is on the books, such groups will use this as a basis for suit. Even if a court rightly sides with those exercising their right to free speech, the advocacy organization and its contributors will have been infringed by the time and money involved in the legal process which takes away from their raising issues in a time-sensitive campaign.

We are seeing evidence that Congress is hearing our concerns about Bush's changes in immigration policy. We need to be at least as vocal about CFR and the freedom of speech.

6 posted on 02/06/2004 8:13:45 AM PST by The_Eaglet (Conservative chat on IRC: http://searchirc.com/search.php?F=exact&T=chan&N=33&I=conservative)
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To: 4ConservativeJustices
So by signing on to CFR the politicians can all claim they saved the union from those evil campaign contributions, by limiting our free speech?

More feel good legislation.

Money IS going to go into the system, you might as well try and stop the tide.
7 posted on 02/06/2004 8:30:11 AM PST by Valin (Politicians are like diapers. They both need changing regularly and for the same reason.)
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To: The_Eaglet
"We are seeing evidence that Congress is hearing our concerns about Bush's changes in immigration policy. We need to be at least as vocal about CFR and the freedom of speech."

Yes, YES, a THOUSAND TIMES YES!!!!!!!!
8 posted on 02/06/2004 9:17:55 AM PST by DustyMoment (Repeal CFR NOW!!)
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Forward Link:

Bartlett's bill-Campaign Finance Reform Thread - Day 62(Ray of Hope Alert)

9 posted on 02/12/2004 7:13:07 PM PST by The_Eaglet (Opportunity: http://www.peroutka2004.com)
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