In the News
Chamber of Commerce: Why Free Enterprise Needs Free Speech
By Sean HackbarthIn 2014, free speech has been under attack, especially when the business community has gotten involved in public policy debates.Senator Harry Reid (D-NV) often took to the Senate floor to obsessively demonize Americans who exercise their free speech rights. Then in September, 42 Senators voted to amend the Bill of Rights to prohibit election spending by businesses. Thankfully the measure failed.
Sunlight Foundation: Chamber of Commerce sees assault on business in campaign finance reform
By Peter Olsen-PhillipsCornyn told a room of around 70 attendees that “freedom of speech and freedom of association are under assault in this city” citing DISCLOSE and Udall’s proposed amendment. The Republican, like other speakers at the event, sees an ulterior motive in the campaign finance reform. “Government would use its power to silence those with whom it doesn’t agree.”Brad Smith of the Center for Competitive Politics added, in his remarks, that “You have to view this as a war. It’s [the reform movement] about trying to drive corporations out.In the context of Citizens United and the proposed regulation of ‘dark money’ outfits, the disclosure exemption granted to the media got special attention. As Cornyn, Smith and Amir Tayrani of Gibson, Dunn & Crutcher emphasized, newspapers and other media outlets that engage in political speech are exempt from the disclosure requirements of explicitly political actors.
Independent Groups
Washington Post: Can political groups raise money for the mere idea of a woman president?
By Nancy ScolaActBlue, the Democratic online fundraising powerhouse group, is asking federal election officials whether it can set up a system for allowing fundraising on behalf of a female presidential candidate before knowing who, exactly, the money would go to.This is how it would work: Democrats would chip in $5, $10, $50, $100 for a generic, to-be-named female candidate. If, say, Hillary Clinton or U.S. Sen. Elizabeth Warren got the 2016 Democratic presidential nomination, she would get whatever money had piled up.But if, say, former senator Jim Webb was the Democrats’ nominee instead, the accumulated money would revert elsewhere — perhaps to a group like EMILY’s List.
Roll Call: Draft Ben Carson Group Complicates Potential Presidential Campaign
By Nathan L. GonzalesBen Carson is openly considering a run for the Republican presidential nomination in 2016, but an unaffiliated Super PAC trying to draft him into the race is making the effort complicated.Last month, Buzzfeed detailed the fundraising and spending habits of the National Draft Ben Carson for President Committee (RunBenRun.org). While the group has received attention for raising millions of dollars, those funds are just churned back into the operation, with significant financial benefit for two of its organizers. And the group’s campaign director, Vernon Robinson, has a reputation in North Carolina for being one of the most aggressive and negative campaigners around.For example, when the Draft Carson group was denied a presence at the state Republican Party’s booth at the state fair in Raleigh at the end of October, Robinson threatened to show up to the event with 10,000 “dead white elephant” stickers, 1,000 T-shirts and 2,000 supporters.
SCOTUS/Judiciary
Washington Post: Facebook doesn’t transform free speech into a lesser right
EditorialWHEN CAN the government prosecute someone for using heated language on Facebook? The Supreme Court heard arguments Monday on where it should draw the line between protected speech and “true threats” that even the First Amendment does not protect.The speech in question, from petitioner Anthony Douglas Elonis’s Facebook page, ranges from puerile to despicable, and it includes descriptions of the hypothetical murder of his estranged wife. She was so concerned that she obtained a protective order against her husband, who nevertheless continued to taunt her electronically. Mr. Elonis’s words and behavior were beyond contempt; his wife is the sympathetic figure in this story. Unfortunately, a ruling that gives Mr. Elonis what many would see as his just deserts might also end up being used to discourage speech that deserves protection. The justices must be careful.
CPI: GOP shelves FEC complaint against Van Hollen
By Dave LevinthalA Republican Party plan to formally accuse Rep. Chris Van Hollen, D-Md., of illegally accepting pro bono legal services has fizzled, the Center for Public Integrity has learned.A Republican party official this week identified the National Republican Congressional Committee as the previously unnamed GOP group that had considered filing a formal complaint with the Federal Election Commission against Van Hollen — but it never did.The NRCC, which has panned Van Hollen for what it said were federal campaign law violations, confirmed as much.“At this time we haven’t made any efforts to move forward with an FEC complaint,” said NRCC spokeswoman Andrea Bozek, who declined to elaborate.
ALEC Obsession
Bloomberg: ALEC is Back and Ready to Resume its Conservative Agenda
By Julie BykowiczAbout 500 state legislators from across the country will pour themselves cups of coffee and file into conference rooms of the Hyatt Regency hotel in Washington on Wednesday to talk about cutting taxes and killing regulations. This is Legislating 101, brought to you by corporate America.The people’s representatives are melding minds with corporate executives and lobbyists during the next three days at a free-market policy summit put on by the American Legislative Exchange Council, or ALEC. They’ll get Republican pep talks from Texas Senator Ted Cruz and Tennessee Representative Marsha Blackburn. They’ll duck into breakout sessions like the one titled “States are ‘Separate and Independent Sovereigns.’ Now It’s Time to Act Like It.” And they’ll pass around already-drafted, insert-your-state-name-here legislation, proposals that often benefit the companies that pay ALEC dues of up to $25,000.
Candidates, Politicians, Campaigns, and Parties
The Hill: Harry Reid’s birthday wish: Campaign cash
By David McCabeSenate Majority Leader Harry Reid (D-Nev.) is raising money for a reelection bid, despite lingering questions about whether he will seek another term in 2016.His wife asked supporters in an email Tuesday to donate to his campaign.“I have a lot of experience picking the perfect gift for his birthday on December 2nd. I know a way that you can make this birthday extra special,” the email from Landra Reid said, according to the Las Vegas Sun.
CPI: Mary Landrieu abandoned on airwaves
By Dave LevinthalAt least on the television airwaves, Sen. Mary Landrieu, D-La., is facing what’s perhaps the end of her political career alone.The Democratic Senatorial Campaign Committee, super PACs and nonprofit groups, which together supported Landrieu’s general election campaign with more than 19,000 TV ads worth millions of dollars, have effectively abandoned her during her runoff against Republican Bill Cassidy, according to a Center for Public Integrity analysis of data from Kantar Media/CMAG, an ad tracking service.Groups backing Landrieu have aired fewer than 100 TV ads since Nov. 5, with most of those coming from the Humane Society Legislative Fund.
Ethics and Corruption
Roll Call: Appeals Court Rejects Renzi’s Bid for Re-Hearing
By Hannah HessThe House Bipartisan Legal Advisory Group filed an amicus brief in the U.S. Court of Appeals for the Ninth Circuit asserting the October ruling upholding Renzi’s 2013 convictions — on 17 charges including conspiracy, wire fraud, extortion, racketeering and money laundering — threatened the “speech or debate” clause. As they did in an earlier amicus to the appeals court, the House legal team argued that testimony from Renzi’s former district director on his interest and enthusiasm for proposed bills involved protected legislative conduct.“If permitted to stand, the ruling that legislative activities that concern drafted-but-not-introducedbills are constitutionally unprotected, in particular, creates a significant risk of chilling Congress’ oversight and investigative functions, and altering the balance of constitutional power between the legislative and executive branches,” the 25-page brief states.
State and Local
Maryland –– Baltimore Sun: New Maryland rules would curb some uses of campaign funds
By Michael DresserNew rules proposed by the State Board of Elections would forbid candidates from dipping into their political funds to pay for such things as foreign travel, tuition or mounting a legal defense to charges unrelated to the campaign.
California –– The Californian: Assembly bill could increase transparency
By Jeff MitchellTo date, the California Legislature has managed to keep the state Fair Political Practices Commission a budget-starved, emaciated waif of an agency. So for a member of the Assembly to actually write a bill that would beef up disclosure — well, it’s just not something you see or hear of everyday.So sincere kudos to state Assemblyman Mike Gatto for writing and filing Assembly Bill 10 on Monday.The Glendale Democrat said his bill will toughen and modernize Form 700.
New York –– AP: NY comptroller candidates show big spending gap
Antonacci, the Onondaga County comptroller, received another $2,500 and finished with a balance of about $102,000.In a pilot program of public campaign financing, DiNapoli would have had to return larger donations and declined to participate.Antonacci didn’t raise enough from donations of $175 or less to qualify for $6 of public funds for every $1.
