Ronald Bailey | November 1, 2005
The New York Times is determined to stifle free political speech on the internet. In an editorial today, the Times' editors declare:
Now looms a wolfish assault in sheep's clothing: the Online Freedom of Speech Act, which House Republican leaders are suddenly planning to put to a vote on Wednesday so politicians can abuse the Internet as an unregulated outlet for multimillion-dollar advertising campaigns. The bill, put on a fast track in the hope that nobody notices outside the political-industrial complex, would exempt the Internet from the hard-won three-year-old reform law that stopped federal officials from tapping corporations, unions and fat cats for unregulated donations in the quid pro quo marketplace.
Apparently the 1st Amendment applies only to corporations and people who actually own a newspaper, radio or TV station. We certainly wouldn't want the rabble to express their unregulated opinions about a political campaign. The Times' editorial adds a nice partisan touch when it implies that it's just the corrupt Republicans who are pushing for this legislation, when in fact it was first introduced last March by Senate minority leader Harry Reid (D-NV).
What is it about "Congress shall make no law ... abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances" that the Times and other campaign finance "reformers" don't get?
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I don't think the internet should be treated differently from the rest of the market place. But then, I don't think there should be spending limits and regulations on political campaign speech to begin with.
Take action here:
http://action.downsizedc.org/wyc.php?cid=22
if you think it'll do any good.
Apparently the 1st Amendment applies only to corporations and
people who actually own a newspaper, radio or TV
station.
Be careful what you say lest you anger the mighty pro-corporatists
and their minions.
so politicians can abuse the Internet as an unregulated outlet
for multimillion-dollar advertising campaigns.
Some call them advertising campaigns others call them free
speech.
The thing I don't get is this: even if you support the restrictions on newspapers, TV, magazines and such on the grounds that "the little man" can't easily get his message across on these, the Internet is different! It's not strictly true that "just about anybody can get on television," but it IS true that "just about anybody can start his own Website." So if you support campaign-finance reform on the grounds that it levels the playing field between rich and poor, there's still no reason to support restrictions on the Internet.
Jennifer, as a friend put it to me, being rational and intellectually honest about such things is only going to make you angry.
The terrifically ridiculous thing about all these campaign
finance reform speech restrictions is that political speech is
exactly the speech that the First Amendment was designed
to protect!
These loons think you have the inalienable right to have the
government pay for religious iconography bathed in urine, but you
have no right to criticize your elected representitive within 30
days of an election.
It's not strictly true that "just about anybody can get on
television," but it IS true that "just about anybody can start his
own Website."
Oh, don't be so naive. Once millions can be spent on political
advertising on the web, the nature of the power balance will
automatically make all control of websites gravitate toward huge
corporate interests. Individual bloggers, even commenters on blogs,
will have to rent their keyboards from GE or Disney or
Westinghouse. What are you, some kind of Republican?
It only makes sense that the fossil media lords are knee-jerk hostile towards the Internet. I'm sure the dinosaurs didn't think too kindly of that big, bad ol' asteroid.
Once millions can be spent on political advertising on the
web, the nature of the power balance will automatically make all
control of websites gravitate toward huge corporate
interests.
...except that there's infinite space for websites on the
internet.
i can't tell if you're being sarcastic or not.
MikeP, Mediageek and others, I'll admit I'm not entirely opposed to the theory of certain restrictions on certain aspects of campaign financing. But even so, I just can't see how any restrictions on the Internet will result in less unfairness aginst the more powerless among us. This makes no sense at all.
i can't tell if you're being sarcastic or not.
Oh, yes. I am being absolutely and totally sarcastic.
I for one am shocked that a cartel member is opposing governmental action which will severely damage the climate which allows it's control to continue.
Let's just get rid of the Bill of Rights already. It's getting to be damn inconvenient.
Fyodor:
Question, hypothetical variety: should contributors be allowed to
use money to openly buy specific votes by paying a legislator using
campaign contributions?
If yes: troubling? troubling only if kept secret? not troubling at
all?
If no: how do you draw a line between vote buying and non-vote
buying contributions?
Et tu Jen?
Come on girl, the 1st Ammendment for all that is holy! It is the
1st one! It is almost as important as the 2nd one.
But even so, I just can't see how any restrictions on the
Internet will result in less unfairness aginst the more powerless
among us.
It won't.
This makes no sense at all.
And this is why. The older I get, the more I start to think that
those who hold office in DC have a fundamental disconnect from
reality.
Why can't a politician buy my vote? Isn't it mine to
sell?
The question is whether the politician's vote (in the legislature,
for making laws or appropriations, I mean) is hers to sell.
Something about Jennifer not being opposed to restrictions of
free speech.
Having reread Jen's post, and mine, perhaps mine was an over
reaction. And a bit silly.
Having reread Jen's post, and mine, perhaps mine was an over
reaction. And a bit silly.
That's fine, dear. Now go lie down and have yourself a nice drink
or two.
I don't think the internet should be treated differently
from the rest of the market place. But then, I don't think there
should be spending limits and regulations on political campaign
speech to begin with.
Right.. so we hold the line here, and treat it differently... if
that's what it takes.
Paul
go ... and have yourself a nice drink or two.
Yeah, allready done enough of that. Thanks.
so we hold the line here, and treat it differently... if
that's what it takes.
Amen
Dave W,
I'd probably prohibit direct quid pro quo transactions. But I'd do
so knowing that it's easy to get around and that's life. Utopia is
not an option. Part of the whole problem with trying to stamp out
all potential corruption is that there's always going to be ways
around whatever laws you pass. At least in a free society. Sure,
you can make it harder, and maybe that has some effect. But
meanwhile, you're trampling on people's speech rights, just to make
corruption more inconvenient. Not a good trade-off. Beware making
laws just because current law does not "go far enough." As for the
quid pro quo, I can understand and appreciate the argument that a
politician has a right to take money for his vote because it's a
voluntary transaction. At the same time, I guess I would suspend my
libertarian orthodoxy when it comes to the conduct of government
officials. Call it a violation of contract and a special case. And
any time you can't prove a direct quid pro quo, then at least the
transaction has taken on a facet of indirectness. Again, indirect
deals can and will be made. But y'know, the only sure fire way to
eliminate ALL crime is to kill everyone! :-)
I realize this might seem like a stupid question, but why do people equate donating money with freedom of speech? I'm not a fan of campaign finance "reform," but it seems to me that these two activities are only indirectly related. In many ways, political donations are financial transactions -- I'm essentially paying some individual or organization for a service: to lobby on my behalf for issues/people/products that I support. Why is this any different than paying an advertising agency or public relations firm for their lobbying expertise? It's not as though laws that govern donations keep me from personally voicing my opinions; they just make it harder for me to foist that responsibility onto others. And while I believe that the marketplace should be free, I also recognize that there are many kinds of transactions of this kind that are, in fact, regulated.
It's not as though laws that govern donations keep me from
personally voicing my opinions; they just make it harder for me to
foist that responsibility onto others.
'Foist'. Nicely loaded term there.
I'd rephrase your second clause thusly:
they just make it harder for me to leverage my particular comparative advantages by trading my productive earnings for someone else's higher quality opinion-voicing services.
Fair enough, although perhaps not higher quality. Just because you don't do it yourself doesn't mean that others do it better -- e.g. mowing the lawn.
Fair enough, although perhaps not higher quality. Just
because you don't do it yourself doesn't mean that others do it
better -- e.g. mowing the lawn.
True. But that's why I mentioned comparative advantages.
If I am the best political speaker in the country, good enough to
earn me $100/day, but my mowing lawns is good enough to earn me
$200/day, then if I want to maximize the political speech I
generate, I ought to spend my time mowing lawns.
why do people equate donating money with freedom of
speech?
Setting aside that we have problems with the government telling us
what to do with our money in general (that regulations exist don't
make them okay), the reason this is a "speech" issue is that the
government is specifically specifying (sorry, couldn't help it)
that the monetary transaction in question is to be limited
because it contributes to a political campaign. If you
were spending the money on something else, it would be outside the
realm of this law. As others before me have said, it's like saying
you can't buy a printing press (or perhaps, how much one
could spend on a printing press or printing press activities). The
"money does not equal speech" argument would have to claim that
prohibiting people from buying printing presses merely prohibits a
monetary exchange. Still, it's quite clear that the purpose of the
prohibition is to limit access to the means to speech.
Seems to me that a politician isn't supposed to sell his or her
vote because technically it's the vote of his or her constituents.
I on the other hand have no constituency so the only ethical
dilemma is a personal one.
I don't vote because I think either side will fuck things up
differently but equally. But if they were willing to pay me for the
trouble I'd vote for the highest bidder. Some asshole is going to
win anyway so I might as well put a little cash in my pocket. Might
help me stomach the process.
Can you imagine how much fun that would be? It would be like the
phone company wars of the 90s when you could make a quick buck
switching back and forth between Sprint and MCI.
OK Repubs what have you got? $500 bucks? The Dems are offering me
$600 and Stones Tickets. $550 and front row at Toby Keith? Ooh. So
sorry.
I realize this might seem like a stupid question, but why do
people equate donating money with freedom of speech?
Because it involves donating money to organizations (campaigns)
that promulgate a message. Of course, the campaign financing issue
is even broader than that, since the...*searches for a nicer
term, gives up*...assholes driving these "reforms" don't even
limit matters to monetary donations, but want to regulate any
polical speech, as seen here. And they're partway there
already.
Agreeing that the government has no business regulating any of
this, it still seems to me that this is not a first amendment
issue. First, it isn't clear to me that the *purpose* of regulating
donations is to "limit access to the means of speech." It possible
that it's the byproduct, but I'm not sure that it's the primary
objective.
And it seems to me that the first amendment guarantees only that
you have a relatively unfettered opportunity to speak your mind --
not that you have access to the most ideal means of accomplishing
that task. Just because the government limits your access to the
printing press doesn't mean that there is no medium available for
you to voice your concerns.
Government efforts to regulate donations could be framed in terms
of monopolization. The government isn't limiting donations
*because* they are made to political interests, but rather because
unlimited donations would allow a few to effectively control the
political process -- creating a monopoly (or oligopoly).
But, Eric, virtually everything promulgates a message. Every individual. Every company. Every government. Every organization. Why are we treating one kind of individual or organization differently?
The government isn't limiting donations *because* they are
made to political interests, but rather because unlimited donations
would allow a few to effectively control the political process --
creating a monopoly (or oligopoly).
I've always questioned the presumption behind these laws that more
money equates to more votes -- even, if not especially, as the
money amounts get gigantic.
If you're not saying what people want to hear, why would saying it
more gain you a single marginal vote? See Kerry, John.
The little contender, on the other hand, is the person the voter
will never hear if these restrictions on political
donations for speech run to their logical end.
In other words, there is a value relationship between dollars spent
on political speech and votes. As with all well-behaved goods and
services, the first dollar buys more marginal votes than the
millionth dollar.
Restrictions like this almost by definition hurt the smaller player
more than the larger player.
And it seems to me that the first amendment guarantees only
that you have a relatively unfettered opportunity to speak your
mind -- not that you have access to the most ideal means of
accomplishing that task. Just because the government limits your
access to the printing press
The very point of that clause of the First Amendment is to prevent
the government from limiting your access to and use of speech. Any
discussion of "Ideal means" is a red herring. No one here's asked
for subsidy of political speech, just that it not be suppressed by
cutting off private funds.
But, Eric, virtually everything promulgates a message. Every
individual. Every company. Every government. Every organization.
Why are we treating one kind of individual or organization
differently?
Exactly right. How can we treat political free speech
differently?
MikeP,
You're right. Coke spent a shitload on advertising for Coke2 with
50% less sugar. The product tanked because no one wanted Coke with
50% sugar. They wanted Coke with 100% sugar or Coke with no sugar
and no number of media impressions was going to convince them
otherwise.
The people who want to limit campaign advertising are the same
people that think advertising tricks people into buying products
they don't want or need. They think they are the only ones smart
enough to think for themselves.
I�d be interested to see a study that examined the reverse effect
of campaign advertising. How much do Democratic ads motivate
Republicans to go to the polls and vice versa?
The government isn't limiting donations *because* they are
made to political interests, but rather because unlimited donations
would allow a few to effectively control the political process --
creating a monopoly (or oligopoly).
Larry, I just cannot see how the second half of your sentence
(after the comma) qualifies the first half the way you presume it
to. Of course noble intentions were cited for campaign reform. But
in order to effect those noble intentions of leveling the playing
field, etc. (and please note I'm leaving aside the issue of whether
the stated noble intentions are the true intentions), the law
regulates money spent on political interests. The law goes
through your initial clause to get to the latter
clause! When I said, "the monetary transaction in question is to be
limited because it contributes to a political campaign," I didn't
mean that was the government's end goal. I meant that that was how
the law identifies what money is to be regulated! To say
the government can limit money spent on a printing press because
there are other means to express oneself is akin to saying that the
government can tell you how to exercise your right, in which case
it's not a right at all.
Now, if the government tells you that you can't run a printing
press that runs on toxic fumes, that's different because the
reason for the restriction has nothing to do with it being
a printing press. But campaign finance law has the purpose
of controlling speech, or at least the money spent on it, which
directly controls how you can exercise your (now severely limited)
right to free speech.
All that said, as long as the law is content neutral, there's going
to be some ambiguity to it. But that's why campaign finance laws
have been had a slew of mixed results in court, allowing
regulations on giving money to others' campaigns yet striking down
regulations on spending on your own campaign, giving us
Ross Perot, et al....
"No one here's asked for subsidy of political speech, just that
it not be suppressed by cutting off private funds."
What's the difference? Regardless of whether the government limits
my access, or the market prices me out (i.e. I can't afford
air-time on NBC), I still don't have access. For the little guy,
the distinction between public and private is meaningless. I either
have one large organization (the state) controlling things, or
another large organization (Wal-Mart) doing so.
"Exactly right. How can we treat political free speech
differently?"
My point is that nothing in this country is free, especially
financial transactions. Since all financial transactions are
controlled to some extent, then why should donations be any
different. If the government is allowed to control what I can buy,
when I can buy it, and where I can buy it, then I see no reason why
they can't control *donations* to so-called political individuals
or organizations. If donations are simply another kind of business
transaction (I pay for a certain kind of political product), then I
see no reason why they can't be controlled like everything else.
(Not that I like this state of affairs, mind you, but state control
is the name of the game nowadays.)
I realize this might seem like a stupid question, but why do
people equate donating money with freedom of speech? I'm not a fan
of campaign finance "reform," but it seems to me that these two
activities are only indirectly related.
Larry,
I'm a little late to the forum here, but I'll throw in my two
cents. Simple: money buys speech. To be more specific, the campaign
finance laws are more than just how many dollars I give to
candidate 'x', directly and out in the open. Those laws can be
applied- often by other interested groups trying to 'suppress'
speech by another interested group, by declaring that a certain
broadcast of speech is a defacto 'contribution' to said
candidate.
I put up a website, called www.ILoveGWBush.com and say, sing the
praises of GWB in a blog, articles, etc. etc. That costs money.
Even though GWB isn't involved, another interested party might
claim that my efforts result in a kind of 'campaign contribution'
to GWB, and therefore are disallowed.
Happened right here in Seattle. A talk show host (conservative) was
attacked for making an in-kind contribution to a local initiative
through his on-air comments. Whether you agree or disagree with the
host, the initiative, both, neither, the point is that this
'campaign finance' abomination becomes a tool for interested
parties to use against eachother to... shut speech down.
Paul
And it seems to me that the first amendment guarantees only
that you have a relatively unfettered opportunity to speak your
mind --
Larry:
Great... then I choose to speak my mind on billboards, all over
town, 3 days before the election. Doh! Campaign finance reform
violation. How's that NOT a freedom of speech issue?
Paul
But, Eric, virtually everything promulgates a message. Every
individual. Every company. Every government. Every organization.
Why are we treating one kind of individual or organization
differently?
Larry:
I think you just unwittingly made the argument against campaign
finance reform.
Paul
But if they were willing to pay me for the trouble I'd vote
for the highest bidder. Some asshole is going to win anyway so I
might as well put a little cash in my pocket. Might help me stomach
the process.
ralphus:
Setting aside the ethical question of "Should we permit
vote-buying?", I worry about how it'd play out in practice.
Voter turnout would doubtless go up, but since nobody is voting
their conscience, that's not necessarily a net good. Then there's
the question of how you verify voting claims. "You can have $600
and Stones tickets... as soon as you provide a copy of your
ballot." Good-bye secret ballot.
Finally, there's the question of Where does all this money come
from? For the first few cycles, it'll come from the political
parties. That's kind of amusing, because I can just imagine wealthy
capitalists donating to the Libertarian Party for the express
purpose of redistributing their wealth to the poor.
I can't shake the feeling, though, that someone in Congress will
get the bright idea to get the funds from the Treasury.
The people who want to limit campaign advertising are the
same people that think advertising tricks people into buying
products they don't want or need. They think they are the only ones
smart enough to think for themselves.
In my opinion, there are three basic groups interested in campaign
finance 'reform'. 1: a few 'progressives' who have been horribly
confused by money, economies, politics and speech, but who at least
have a kind of 'good intentions' about 'cleaning' up politics.
Verdict: they're naive. 2: The media. Because they're 'exempt' from
the campaign finance restrictions, they become the real
powerbrokers in the political message. If I, as a regular citizen
can no longer say what I want, when I want and how I want about a
political candidate, only the media can- they therefore control the
message. 3: Incumbents. Incumbents LOVE restrictions on what can be
said, when and who. They've got a permanent campaign and photo-op
stump. They can call a press conference-cum-campaign stop anytime
they want- because they're already elected and as such, are 'doing
the work of the people'. (it was hard to say that without
gagging).
Paul
Fyodor,
My basic point is that there is no such thing as "the political."
What I would like to do is to treat the so-called "political" arena
like a market. There are no "political" individuals or
organizations -- there are simply individuals and organizations.
(The reason I want to bracket this term is because I'm not sure
that the term "political" means anything. I'm not sure that there
is anything substantively different between giving my money to
MoveOn.org or to Wal-Mart. How is one group "political" and the
other isn't?)
If we take this as our starting point, whether a transaction is
"political" or not is completely irrelevant. In the case of
donations, money changes hands. It is a simple financial
transaction -- A gives money to B. Since this is a financial
transaction, it could ostensibly be handled in the same way that
other financial transactions are handled, without recourse to the
first amendment. In the same way that the government controls the
way I buy alcohol, it stands to reason that it should be able to
control my political consumption.
Again, I'm not saying that I like this, but I don't see why these
transactions could not be regulated.
Paul,
I'm not arguing for campaign finance reform. I started off this
discussion by observing that people typically see the campaign
finance issue as a first amendment issue. I was simply proposing an
alternative to this position by asking whether donations to
political individuals or organizations could be treated as a
*financial transaction* and regulated in the same way that business
transactions are regulated every day in the marketplace. I think
that the distinction between "political" groups and other kinds of
groups is an arbitrary one and misleading.
In the same way that the government controls the way I buy
alcohol, it stands to reason that it should be able to control my
political consumption.
Larry, you're branching out a bit, here which forces into a
discussion probably too broad for this forum. The problem is, once
you say "we're regulating these transactions" they must be codified
into law. Words have to be used and, as most of us agree "words
mean things", or, as Mr. Scalia once said "words have a discernable
meaning".
Yes, the government controls when and where (usually) you can by
liquor. However, liquor is fantastically simpler to define than a
'campaign contribution'.
If the government had simply passed a law saying "can't give money
to candidates over x amount y days before an election"- you might
not find so much opposition. (who am I kidding, of course you
would) and that's the point. I'll give the money to the DNC and
they'll produce ads for John Kerry, or Hillary Clinton. Right?
Wrong. The wankers putting the law together knew right away that
that's exactly what would happen. So the law got more complicated.
These same wankers tried to find out and declare any avenue of
speech resulting from dollars spent which could be construed as
directly benefitting a particular candidate as illegal. And,
furthermore, if we can't trace the dollars, we'll just stop the
speech, because... wait for it... speech costs money, so if
someone's talkin, someone spent some money... somewhere.
Paul
"Once millions can be spent on political advertising on the web,
the nature of the power balance will automatically make all control
of websites gravitate toward huge corporate interests.
...except that there's infinite space for websites on the
internet.
i can't tell if you're being sarcastic or not."
yeah it is sarcasim...other then that or he never left 1996...which
was the last time i ever heard anyone seriously say that.
the funny thing is i still hear referances to the "digital divide"
once in awhile.
paul,
"I don't think the internet should be treated differently from the
rest of the market place. But then, I don't think there should be
spending limits and regulations on political campaign speech to
begin with.
Right.. so we hold the line here, and treat it differently... if
that's what it takes."
nah I would rather that the US federal government try to regulate
political speach on the internet...that would be a very funny 18
months :)
""I don't think the internet should be treated differently from
the rest of the market place. But then, I don't think there should
be spending limits and regulations on political campaign speech to
begin with.
Right.. so we hold the line here, and treat it differently... if
that's what it takes."
nah I would rather that the US federal government try to regulate
political speach on the internet...that would be a very funny 18
months :)"
oh and i forgot...think of all the cool software that would come
out becouse of it.
Did you ever wonder if your determination to play dumb is one of
the reasons you never get anywhere with your politics?
Yeah, this is about ordinary people buying blogger software and
writing their own opinions. Nothing else going on here. La la la la
la la la la I can't hear you.
Grow up.
But meanwhile, you're trampling on people's speech rights,
just to make corruption more inconvenient. Not a good
trade-off.
Thanks for the considered answer, Fyo. This morning I find that
Canada's headlines deal once again with the sponship scandal they
have going up here, for at least as long I as I have been
here.
It is interesting to ponder that your scheme would classify this
kind of thing as unavoidable and generally legal. I will not agree
or disagree, but it is interesting to think whether Canada would be
better off under a legalization (of this kind of lobbying)
regime.
There have been 2 nice things about the scandal IMO: (1) less
proactive CDN federal gov't (echoing my happy 90s in the US); and
(2) ppl constantly see the veniality of their leaders in the
headlines.
Did you ever notice how people who conclude their arguments with "grow up" very rarely have a point to make?
Larry,
My response is similar I think to Paul's. It's the government that
is saying what you cannot contribute this money for. What you
cannot contribute it for is a political campaign. For you to say
that it's just monetary transactions and that I'm placing some kind
of contrived artifice on it by calling it political
ignores that the government is making it plainly clear what you
cannot spend on, ie a political campaign. If that's not political,
what in the world is??
Thought experiment. A law is passed making it illegal to spend
any money on any sort of political campaign or
political message. Still not an infringement on free speech? Not
likely, I agree (I hope!), and my point is not one of "slippery
slope." My point is how would this differ from current campaign
finance laws other than in degree? Plainly, to tell someone they
cannot spend money as they wish on expressing themselves is
limiting and therefore infringing on their right to free
speech.
You also bring up the point that different people have different
monetary access to speech already. But just because the world is
inherently unequal in many ways does not change that it is an
infringement on one's rights for the government to add its own
(coercive) restrictions. Another thought experiment. A law is
passed to criminalize the published use of words of more than three
syllables in order to even the playing field of articulateness. Not
an infringment on free speech? Note that I am not arguing with your
"money is not speech" argument here, but rather with your point
that state regulation on money for speech is not an infringement of
rights because there is already unequal access to money for
speech.
Yeah, Joe is the exception to a lot of rules. Glad to see his tummy is bett'r.
"No one here's asked for subsidy of political speech, just
that it not be suppressed by cutting off private funds."
What's the difference?
You know what? I'm genuinely sick of debating the point "there's a
difference between stopping someone from doing something and
helping them to do something" with anyone.
Also, Larry, if you really think targeted governments restrictions
on spending intended for speech does not involve
considerations of free speech...well, good for you.
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