|
Unbelievable McConnell plaintiffs
strike again on campaign finance reform lawsuit
by Jim Babka
(Editor’s note: Babka’s group is suing based on the
argument that the campaign finance laws violate freedom of the press.)
"Unbelievable." Maybe you won't be surprised by this level of political
arrogance, but I find it unbelievable.
Friday morning I told you how the McConnell plaintiffs worked around the rules
to get three times as many pages as the rest of us to make their case to the
Supreme Court.
And how, in spite of getting those extra pages to make their case, they had the
nerve to argue that their celebrity attorneys should be granted the ENTIRE two
hours allotted to oral argument before the court and to insist that our
attorney's be granted ZERO time to present our case.
It's "outrageous." But it gets worse.
On Friday, they same day that we filed our response to their arrogant request,
they filed a SECOND motion, specifically objecting to our request for a mere 20
minutes out of the two hours allotted to oral argument.
What did they say about us?
* They said that we'd already had the chance to brief on our case insinuating
that we should be grateful we even had the chance to do that.
Here's my take on that; "Now it's time for the little kids to get out of the
way
with their cute little free press argument, so the grownups can negotiate
the proper amount of constitutional rights we'll have."
* They said that allowing us to speak would lead to an "'open microphone'
session." It was as if they were saying "don't let the rabble into the Supreme
Court." Apparently, only celebrity attorneys with powerful clients
should be at the mike.
But isn't that exactly what happens in every election campaign we face? Don't
they shut us out of debates and forums?
* They said the District Court had already addressed our arguments and
found that the Free Press was the same thing as Free Speech and
Association. Never mind that they violate the first rule of
constitutional interpretation, namely
that every word has meaning. Never mind that any English major could
point out
that the words speech, press, and assembly are preceded by the definite
article "the" giving them each uniqueness, and are further separated by
the conjunction "or" which also indicates that each had a different meaning
and
application.
Instead, let me ask you a simple question. Could you pass a law banning the
PRINTING of the word fire in a crowded theater?
It's silly isn't it? Freedom of the Press is clearly NOT the same thing as
Freedom of Speech and Association.
Our argument is so powerful it offers the Justices an opportunity to cut through
the
morass of campaign finance legislation. It calls the whole scheme into question
and
invites the Court -- in fact we specifically urge the Justices -- to overturn
not just BCRA, but also Buckley v. Valeo.
As it turns out, the power of our argument must be stopped even by those who
claim to be for the First Amendment -- some of the very plaintiffs who've
challenged this law.
Our request was modest. But the McConnell Nine can't allow it.
It makes sense when you think about it.
The McConnell Nine have walked a fine line in this case seeking only the narrow
benefit for their particular clients with no concern about the Bill of Rights
(unless of course they believed those would help their case).
Why would Senator McConnell, the Republican National Committee, or the
Democratic Party of California want you to be free to criticize them free to
raise as much money as you needed to report their activities and challenge them
for office?
* They like the fact that the current disclosure rules scare away donors to
their challengers with some of them artificially keeping their donations
under $200 just to avoid having their name reported.
* They like the fact that disclosure rules work to their advantage as people,
groups, and industries seeking access and influence are eager to demonstrate
their
support as publicly as possible -- all the better to insure that crucial
meeting
before a key vote.
* They love the fact that for challengers raising adequate money is like
filling a
swimming pool with a teaspoon especially when the power of their office
allows
them to use a fire hose to fill their own pools.
Incumbents raise money from PAC's the number of which exploded in the modern era
right after the creation of contribution limits and disclosure requirements.
And the media loves it even more. By denying you your Free Press rights, their
relative power increases. They don't have to disclose their investors and
supporters. They're not limited in how much money they can raise for their
enterprise from each investor.
Why would a major powerhouse like the New York Times, the Washington Post, ABC,
or NBC object? Even better, why would a foreign-owned newspaper chain object if
their Free Press rights are greater that yours?
So you see, Senator McConnell may have some partisan reasons for opposing BCRA,
but that doesn't mean he wants to throw out the baby with bathwater. The old
system of restraints worked just fine for him and his pals.
They're not fighting for the Bill of Rights. They're fighting for narrow
partisan advantage. For Senator McConnell, the Republican National Committee,
and the Democratic Party of California, it's all about protecting their
positions.
No, let me be even more accurate. They're fighting for incumbent protection -- a
virtually-impenetrable shield from challenge.
We can't let them succeed.
I'm angry. The whole rotten, anti-challenger, anti-third party system needs to
be thrown out. This case is the best opportunity we've ever had and WE WILL BE
HEARD!
That's why I'm urging you to stand up and fight today. To say, enough is enough.
For the Stamp Act our forbears threw the King's Tea into Boston Harbor.
For an endless train of abuse, they pledged their lives, their fortunes, and
their sacred honor and declared independence.
Ours is a rich heritage.
Today, you must be counted. Today, you don't need to risk prison by civil
disobedience, or pledge your life, place your fortune, or lay your honor on the
line.
But YOU CAN DO SOMETHING very significant. You can make a contribution to the
most important battle going on in libertarian politics today. You can join us at
the barricades by making a donation.
https://www.fbs.net/rcr/usjfcontribute.cfm
I usually don't do this. Usually, the stakes appear lower and I don't want to
add self-serving melodrama and unnecessary hyperbole. But this situation is so
obviously awful and so urgent I must make an unusual request of you. I must ask
you to give an extra-ordinary contribution.
I mean it. I'm requesting a sacrificial gift. Your donation should match your
fervor.
And if you've never given, NOW is the time to start.
Usually, I'd say every little bit counts. It still does, but today, I can't ask
for a little
bit. Today, I'm asking you to demonstrate the fervor and sacrifice of the
Founders.
It might make you wince as you fill out the online form and click the send
button OR sign the check and drop it in the mail. It might seem like the wrong
time. You might have to give something up this month to make this contribution.
I have a little secret for you. It will make you feel better if you do. Within
some common sense limits, the bigger the sacrifice, the better you'll feel.
You'll know in your heart you've done all you could. And you'll have increased
our odds of success.
Even better, you'll have fought injustice and tyranny political incumbent style.
You'll
deliver a blow directly to McConnell, and his high-profile attorneys Ken Starr
and Floyd Abrams.
Please join me right now by clicking on this link.
https://www.fbs.net/rcr/usjfcontribute.cfm
Thanks to the US Justice Foundation, our partner in this case that provides the
legal
fund, your contribution is tax-deductible... all the more reason to give
generously.
Thank you very much for your support,
Jim Babka
President
RealCampaignReform.org, Inc.
P.S. As I told you, we filed our response to
the McConnell plaintiffs on Friday. http://www.realcampaignreform.org/response.pdf
You can read it online at our RealCampaignReform.org
http://www.realcampaignreform.org/
website (so long as you have a PDF reader). We really took them to task and I
think you'll be pleased with our work. (original brief at
http://www.realcampaignreform.org/appellants.pdf)
It's important work - work that couldn't have been accomplished without the
generous support of the freedom-fighters on this list. Thank you!
P.P.S. If you're paying by check, it's important that you put the words "FEC
lawsuit" on the memo line - so your contribution is deposited in the proper
account. An online form to accompany your contribution is available by clicking
on the link above. Please make your check payable to the "United States Justice
Foundation" and mail it to:
United States Justice Foundation
2091 E. Valley Parkway, Suite 1-C
Escondido, CA 92027.
|*|*|*|*|*|*|*|*|*|*|*|*|*|*|*|*|*|*|*|*|*|*|*|*|*|
RCR Report is the email advisory service of RealCampaignReform.org -- a
nonprofit, nonpartisan, educational and lobbying organization dedicated to
promoting free and open elections and a robust, participatory democracy for all
Americans.
UNSUBSCRIBE from this list by sending a text (no HTML) email to
distribution-request@RealCampaignReform.org
with the word unsubscribe on the first line of the body of the message.
Please leave the rest of the message blank.
SUBSCRIBE to this list by sending a text (no HTML) email to
distribution-request@RealCampaignReform.org
with the word subscribe on the first line of the body of the message.
Please leave the rest of the message blank.
TO CONTRIBUTE to RealCampaignReform.org, visit
https://www.fbs.net/rcr/rcrcontribute.cfm.
---
|
