Speaking Fees

It's Forbes vs. Forbes at the FEC.

Allison R. Hayward from the November 1998 issue

(Page 2 of 2)

Steve Forbes isn't the first individual to be confronted with the FEC's mathematics, which equate speaking about issues with campaigning. The FEC used this argument against Joel Hyatt, an unsuccessful 1994 candidate for the U.S. Senate in Ohio who is also the principal of Hyatt Legal Services, a law firm that advertises heavily on television.

The FEC concluded that Hyatt Legal Services television spots were--you guessed it--contributions from the company to Joel Hyatt. As the FEC's Office of General Counsel observed, several of the ads referred to health care and crime, which were "issues raised in the campaign."

Since Hyatt was a plaintiff's attorney, his trolling for claims among viewers with health problems or who had been victims of crime is hardly surprising. Nevertheless, rather than fight government lawyers, Hyatt settled this enforcement action at the administrative level for $11,000.

Apparently the FEC would require Joel Hyatt and Steve Forbes to abandon their private careers before either could run for office. In an era in which reformers complain that our political process needs to focus more on debating issues, FEC enforcers are demanding that these candidates say less about the most salient topics. How this would preserve the integrity of our electoral processes (supposedly the FEC's mission) is hard to understand.

By refusing to settle with the FEC's lawyers, Steve Forbes must now spend the time and money needed to defend himself against this assault on his personal liberties. In the process, he will be striking a blow for free speech.