Daily Media Links 8/6: The IRS Attack on Political Speech, The Big Guy and the Little Guy in Contribution/Expenditure Jurisprudence, and more…

August 6, 2013   •  By Joe Trotter   •  
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In the News
 
Wall Street Journal: The IRS Attack on Political Speech
By Bradley A. Smith
But this raises another question: Why aren’t political education and discussion a form of promoting “social welfare”? What kind of democracy claims that political participation is not in the interest of “social welfare?”
Rep. Becerra argues that 501(c)(4) status should be reserved for “something good, not groups that are in business to do politics.” That’s a remarkable statement from a man who has spent the past 22 years in elective office. Yet this is also the logic of the campaign finance “reform” movement that has wielded so much political influence over the last 40 years. Its drumbeat is that participating in public affairs is bad.
Regardless of how high the scandal goes, we should question a culture and philosophy that made so many career IRS officials feel comfortable scrutinizing groups merely because they had “tea party” or “patriot” in their names.
Read more…
 

Disclosure

 
USA Today: Dead people gave nearly $600K to campaigns since 2009 
Thirty-two people listed on federal campaign records as “deceased” have contributed more than $586,000 to congressional and presidential candidates and political parties since Jan. 1, 2009, according to a USA TODAY analysis of Federal Election Commission filings.  
 

Contribution Limits

 
More Soft Money Hard Law: The Big Guy and the Little Guy in Contribution/Expenditure Jurisprudence
By Bob Bauer
Campaign finance jurisprudence is caught in the crosscurrents of formal doctrine and less clearly articulated judgments about the interests it is crafted to serve. One such judgment has to do with the “little guy”: the pamphleteer or small-scale political enterprise that raises and spends money to influence elections but whose activities have little or no corrupt potential and should not come within the regulatory grasp of the state. The Court has gone to considerable and inventive lengths to spare the little guy the dead weight of the rulebook, See, e.g. McIntyre v. Ohio Elections Comm’n, 514 U.S. 334 (1995) and FEC v. Massachusetts Citizens for Life, 479 U.S. 238 (1986) and it may have occasion in the near future to do more of the same. Because the doctrine is only roughly fitted to the purpose, the protection of the “little guy” has served the “big guys” well; an approach cobbled together on the fly for the smaller, more local enterprise has shielded the major political spenders. 
 

Candidates, Politicians, Campaigns, and Parties

 
NY Daily News: GOP warns CNN, NBC to drop Hillary Clinton programs or be shut out of 2016 Republican debates 
By Joseph Straw
WASHINGTON — The Republican Party put CNN and NBC on notice Monday: Cancel planned programs on Hillary Clinton or you won’t sponsor any GOP primary debates in the 2016 presidential race. 
Party chief Reince Priebus called the programs “political ads masked as unbiased entertainment.”  
 
State and Local
 
Alabama –– Alabama’s cap on corporate political donations ends today under changes to campaign finance law 
MONTGOMERY, Alabama — Corporations can give unlimited amounts to political candidates beginning today under changes to Alabama’s campaign finance law.
A bill passed by the Legislature earlier this yearamends the Fair Campaign Practices Act to repeal the $500 cap on corporate contributions. The new law makes many other changes to the FCPA.
 
New York –– AP: Pundits ask: Why won’t Weiner just leave NYC race?   
By Jonathan Lemire
Other factors may explain why Weiner insists on putting up with all this, not the least of which is money. 
Because of city campaign finance laws, Weiner is eligible for $2.1 million in matching funds, money he would have lost if he did not run this year. He would also lose access to the matching funds if he quit now even if he decides to run again. 
 
Virginia –– Washington Post: Donor Jonnie Williams, Star Scientific are cooperating in probe of Gov. Robert McDonnell 
By Carol D. Leonnig and Rosalind S. Helderman
A prominent political donor and his dietary supplement company have been cooperating for several months with federal prosecutors in a fast-moving public corruption investigation of Virginia Gov. Robert F. McDonnell, according to three people familiar with the probe.  
 

Joe Trotter

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