Commentary Magazine


Topic: campaign finance

Free Speech, Not the GOP, Is the Winner in Court Campaign-Finance Ruling

Today’s Supreme Court ruling striking down provisions of the McCain-Feingold federal campaign-finance law is a tremendous victory for free speech in the United States. The 5-4 decision in Citizens United v. Federal Election Commission upholds the principle that that 2002 law and other similar attempts to regulate campaign finance flouted, namely, that the government should not regulate political speech.

The case grew out of a 2008 federal ban on the showing of a documentary film, Hillary: The Movie, during the presidential primaries in which Hillary Clinton, the object of the movie’s criticism, was a candidate. McCain-Feingold allowed the Federal Election Commission to stop the showing of the film because a corporation produced it, even though the corporation in question was a nonprofit. This case aptly illustrated the way this law did not so much protect the electoral process from the corrupting influence of money as it protected politicians from the effects of political speech that they did not like. Far from bolstering the democratic process, McCain-Feingold suppressed it. Like just about every other campaign-finance law that has been passed since the 1970s, when the Watergate scandal gave impetus to a drive to “reform” election spending, this law did not eliminate the influence of money on politics, but it did play favorites as to which sort of speech may or may not be legal. While efforts to bring transparency into campaign finance remain laudable, the process by which money began to be shunted first into political action committees and then, in the wake of McCain-Feingold, into new classes of unaccountable groups did nothing to make the system fairer or cleaner. Instead, it granted a government agency the power to regulate or suppress the one kind of speech that the founders of our republic would have agreed was inviolate: political speech. The court has now chipped away at this expansion of federal power to allow corporations and other groups the freedom to advocate on elections as they please.

The responses to this ruling from some in the political class are predictable. President Obama has issued a call to Congress to pass legislation to overturn the will of the courts, something that we trust the new absence of a filibuster-proof majority for the Democrats will render impossible.

Interestingly, among the first reactions was a blog post by New York Times reporter Jeff Zeleny, who claimed that, “at first blush, Republican candidates would seem to benefit from this seismic change in how political campaigns are conducted in America.” To back this assertion up, he quoted the president’s demagogic statement that claimed the “Supreme Court has given a green light to a new stampede of special interest money in our politics. It is a major victory for big oil, Wall Street banks, health insurance companies and the other powerful interests that marshal their power every day in Washington to drown out the voices of everyday Americans.”

As Zeleny also noted, labor unions and a host of Left-leaning groups are now also free to spend money to publicize their views, as they like. It should also be pointed out that the notion that big business is a dependable backer of the GOP is a myth. The crony capitalism that the bank bailouts have highlighted in the past two years has aptly illustrated the fact that many industries, including the denizens of Wall Street, have a stronger loyalty to corporate welfare that benefits them than they do to the principles of free enterprise. The steady flow of money from firms such as Goldman, Sachs (the principal survivor and beneficiary of the latest shakedowns) to Democratic candidates like Obama is proof of this.

The point here is that more political speech is not a danger to the republic; it is instead the lifeblood of democracy. The only ones to gain from the suppression of views via campaign-spending laws are those politicians who are the subject of critical scrutiny. Acting in the name of “reform,” campaign-finance-restriction advocates have sought to restrict political speech, effectively empowering the politicians and the mainstream media at the expense of the electorate. In a democracy, the people must be free to sort out the views of a host of disparate elements. The free flow of critical advertisements and independent documentaries such as Hillary: The Movie challenge the monopoly of public expression that such a system breeds. Let’s hope this ruling marks the beginning of the end of an era in which the political class used its legislative power to silence their critics.

Never Mind

For years Democrats have been singing John McCain’s praises each time he crossed swords with the Republican establishment. Whether on torture or campaign finance or global warming or Donald Rumsfeld, McCain was every Democrat’s favorite Republican. They liked him so much they tried to recruit him to join their party, and then their ticket, in 2004. (Mitt Romney ran an ad on just this topic during the primary.)

So when a YouTube clip of Barack Obama lauding the McCain-Lieberman climate control amendment surfaces, you can bet this is not the only one in the RNC’s vault. We can expect, as the campaign progresses, to go down YouTube’s memory lane with a parade of Democrats cheering McCain as he opposed the Bush administration and many Republican Congressional measures. Will there be an equal number of bipartisan oldie-but-goodie moments for Barack Obama? Not likely, since there’s been no one more faithful to the strict liberal voting line than he.

So the question is: what will Obama and the Democrats say in rebuttal? “Never mind”?

Out Obama-ing Obama

Barack Obama’s call for bipartisanship and his emphasis on ending the acrimony of old-style politics have been a big part of his appeal. It was a clever angle–both as a means of differentiating himself from Hillary Clinton who embodied take-no-prisoners partisanship and as a means of diffusing concern about his relative lack of experience (i.e. he has no axe to grind in the politics of the past). However, in a general election this approach has its limits, in part because there is no factual basis for claiming he is a great bridge-builder.

He has essentially taken up every cause of the left (from opposing confirmation of Justices Roberts and Alito to supporting a bevy of tax increases) and has been absent from any of the truly bipartisan efforts, few that they may be, since he got to Washington (e.g. the Gang of 14).

As the most liberal Senator according to National Journal, he is further from the middle of the Senate and less inclined to compromise on strict party line voting than Senator Mitch McConnell (the ninth most conservative Senator) is on the other end of the spectrum. Is someone more doctrinaire in his voting record than McConnell on the Right (and Dick Durbin and John Kerry on the Left), the best person to lead us into a new era of bipartisan co-operation?

Worse still, John McCain actually can lay claim to being a bipartisan role model, which made his primary run so problematic with the GOP base. His list of bipartisan efforts on global warming, judges, campaign finance, immigration and spending reform is long and substantitve. Joe Lieberman attested to McCain’s bipartisan credentials on This Week:

Well, I don’t agree with John McCain on everything, but I agree with him on the important things. And I agree with him on the number one challenge to our political system today. We’ve got to put the national interest ahead of partisan interest. We’ve got to forget the Democrat-Republican business and remember that we’re all Americans. And unless we pull together, we’re not going to get this country to where all of us want it to be.

So having correctly diagnosed the problem (i.e. many Americans want politicians to work together more often), Obama now faces this dilemma: His own career offers no indication that he actually is disposed, other than rhetorically, to reaching across the aisle to accomodate the other side’s interests and concerns. (Does he expect to charm them with an avalanche of soothing words, envisioning that they will just capitulate on substance to his liberal policy views?) The Republicans may have stumbled into selecting an ideal foil for Obama – someone who actually has done what Obama says we need to more of.

McCain in Dissent

Stumping in South Carolina on Monday, John McCain unloaded on Donald Rumsfeld, calling him “one of the worst Secretaries of Defense in history.” Funny: I seem to remember that when Rumsfeld stepped down after the fall elections, McCain saluted his years of service.

Alas, this is a familiar pattern with McCain. In some ways he is one of the most admirable men in America. He seems consistent, fiercely independent, and principled. But at other times, he seems eerily reminiscent of Bill Clinton, constantly playing to reporters or to whatever audience he happens to be addressing.

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