In the News
The Hill: California must end its war on the constitutional rights of nonprofits
By Eric Wang
California Attorney General Xavier Becerra hit a low note recently during a press conference marking his first 100 days in office. Out of the blue, Becerra lashed out at nonprofit groups for “doing politics.” He threatened to investigate “these groups that are getting tax breaks [while] influencing our political system,” and claimed their donors were illegally taking charitable tax deductions. In his tirade, Becerra misstated the law. As California’s top law enforcement official, he should know better. Then again, his remarks continue his predecessor’s war against nonprofits’ First Amendment rights.
If Becerra’s claim that nonprofits are illegally participating in politics were true, that would mean he was the ringleader and beneficiary of a criminal enterprise during his 20 years in Congress. After all, his congressional campaign committee – which existed for the sole purpose of promoting his election and reelection – was a nonprofit organization under the tax code. If Attorney General Becerra wants to crack down on nonprofit groups engaging in politics, he should begin by prosecuting himself. Fortunately for Becerra, he’s wrong about the law.
The Hill: Saying American businesses spend ‘dark money’ harms our democracy
By Scott Blackburn
When trade associations speak for their members, all Americans are better informed. If there’s a new tax, you want to know if it is going to endanger your job. Trade groups can let you know. If there’s a new healthcare bill, you want to learn how it will affect your employer’s plan. Trade groups provide this information. If a union is looking to pass a pro-labor bill, you want to hear the reasons why it might be a bad idea. Trade groups offer an alternative voice.
No one will agree with everything these groups have to say. But that’s okay. Democracy is built on all sides voicing their ideas…
Sadly, some activists want to stifle the debate. One such group, the Center for Political Accountability (CPA), is engaged in efforts to pressure and shame corporations into “voluntarily” telling you what associations they take part in…
They acknowledge that “companies continue to be named and in some cases shamed by the president.” Still, they want to stop businesses from having the privacy and benefits of trade associations. Perhaps the union-backed CPA doesn’t want businesses to talk about issues at all.
CCP
Free Speech Dilemma Caused by Ruling on President Trump’s “Travel Ban”
May courts impose a “welcome restraint” on campaign speech protected by the First Amendment? The Center for Competitive Politics (CCP) and the Public Policy Legal Institute (PPLI) are asking the Supreme Court to review a Fourth Circuit ruling that does just that.
In Int’l Refugee Assistance Project, et al. v. Trump, et al., the United States Court of Appeals for the Fourth Circuit rested its decision, in part, on statements made on the campaign trail by then-candidate Donald Trump. The majority acknowledged that doing so might “chill[] campaign promises” but deemed this a “welcome restraint” that would only apply to a “highly unique set of circumstances.”
The Fourth Circuit erred on both counts, according to a brief filed Friday by CCP and PPLI. Candidate speech has traditionally received a high level of protection that conflicts with the majority’s novel “welcome restraint” analysis. In addition, that analysis could have far broader applications than the majority anticipates.
“If courts begin probing campaign statements to determine the legality of later official actions, candidates will be less inclined to give their frank opinions,” said CCP Legal Director Allen Dickerson. “The true victims of this principle are voters, who rely on unfiltered campaign speech to evaluate candidates’ fitness for office.”
The brief filed Friday can be read here.
The Courts
Roll Call: McConnell Basks in GOP Victory on Courts
By Joe Williams
Senate Majority Leader Mitch McConnell said Friday that the current vacancies in the U.S. court system will allow President Donald Trump to have the longest impact on the future of the country and vowed to continue to push through his nominees, regardless of any opposition from Democrats…
Trump on Wednesday sent up a slate of federal court nominations and McConnell said they would give each one a “fair hearing and vote.” Those nominations follow the Senate confirmation of Amul R. Thapar of Kentucky last month to serve as a circuit court judge…
McConnell also touched upon First Amendment rights, an issue he has long championed – largely in the context of campaign finance – and a major topic discussed in his 2016 political memoir titled “The Long Game.”
He said, starting next week, he would launch “a series of speeches in defense of the First Amendment.”
“This conversation will focus on both the contemporary and historical importance of free speech,” McConnell told the conference. “It will encourage Americans to rally in its defense. I hope others join me in the effort.”
Free Speech
Wall Street Journal: The Right Way to Protect Free Speech on Campus
By Laurie L. Patton
A rash of similarly disturbing incidents on other campuses this spring has reminded us of the fragility of the principle of free expression and why all of our institutions, but especially our institutions of higher learning, must be vigilant in safeguarding it…
For Middlebury and other schools where such confrontations are sure to arise again, it is now time to look ahead and to think about principles that can help us to avoid future escalation and to ensure respect for the rights of both speech and protest. I would suggest the following…
Move beyond the false dichotomy between free speech and inclusiveness. Our dual commitment to free expression and to making all students full members of our communities must be embraced fiercely and with conviction. But an educational institution does not become more inclusive by limiting freedom of expression…
Let students know that, when these values come into conflict, as they did at Middlebury this past spring, educational institutions have a primary obligation to foster open and civil discourse. Schools have to be prepared to enforce this commitment, as we did in this episode. Free speech lies at the heart of our purpose as an institution, and we cannot allow force or disruption to undermine it.
Candidates and Campaigns
Just Security: Campaign Finance Law: When “Collusion” Becomes a Crime: Part II
By Bob Bauer
As a potential crime under the campaign finance laws, the Trump campaign collusion with the Russians is well documented. As I contended in a recent essay, there is substantial evidence in plain sight. The President applauded a foreign government for its interference in the election and suggested that he would be happy to see more of the same. Asked to disavow it, he declined to do so. Both the candidate and his campaign made extensive use of the material the Russians supplied via WikiLeaks on the campaign trail and in the presidential debates. The Russians had a willing partner in their design to influence the election and a clear signal that their intervention had value. There is more than enough in the public record to warrant inquiry into the Trump campaign’s “substantial assistance” to a foreign government in violation of the campaign finance laws.
Some analysts believe that this is evidence is insufficient. They insist that more is needed in the form of direct communication between the campaign and the foreign government. But they are mistakenly discounting the significance of the evidence in plain sight, and looking in the wrong direction for more proof.
Donors
Jewish Insider: Paul Singer on his Politics and Philanthropy
By Jacob Kornbluh
Paul Singer, founder of Elliott Management, demonstrated his Jewish humor and opened up about his upbringing, love for music, and the philanthropic causes he supports during a rare wide-ranging interview with David Rubenstein…
DR: You have given, raised a lot of money for Republicans. Do you think you’ve gotten value for your money? Do they listen to you? How much influence do you get for all the money that you have given to these people?
PS: “I don’t think of it in terms of value for your money. It’s a very interesting thing with politics, and not that many of my peers have the staying power or stubbornness, or stupidity, to persist as long in the political arena… Many people find and feel that the reliability and effectiveness that they expect and find in their businesses is not what they find in politics. And so the answer to your question is: I do have – and do speak to policy makers, try to convey ideas about the things that I know best… Their problem is that they are subject to all kinds of forces, all kind of pressures coming from 360 degrees on their compasses. And so, the right policies and the best ideas – many of them listen and many of them are smart – are not necessarily things that make the final cut.”
The States
Spokane Spokesman-Review: Idaho Legislature to re-examine ethics, campaign finance laws
By Betsy Z. Russell
Idaho is one of just three states with no financial disclosure requirements for state legislators – or any elected or appointed state official. It also lacks “revolving-door” laws that in most states prevent elected or appointed officials from immediately moving into related roles in the private sector, cashing in on their government experience.
And an ethics and campaign finance reform voter initiative barely missed the threshold to make the Idaho ballot in 2016, proposing to restrict donations to candidates from those holding or seeking big state contracts, cut contribution limits, double penalties for violations and ban big gifts from lobbyists to lawmakers, among other reforms.
Now, the Idaho Legislature’s top leaders are looking at these issues again, and proposing to put together a formal legislative working group to study them and make recommendations to next year’s Legislature.
Huron Daily Tribune: Money doesn’t always win
If there’s a lesson that can be gleaned from the May 2 wind energy referendums in Huron County, it’s that he who has the most doesn’t necessarily always become the victor.
Not that the odds aren’t stacked in the wealthy’s favor. But when it comes the will of the people, money doesn’t always win.
Campaign finance records that were released this week show that while wind development was defeated by a near 2-to-1 margin, pro-wind interests were funded over 200 times more than anti-wind development interests…
The bottom line appears to be the fact that the majority of Huron County voters feel the area has become saturated with wind turbines. Many are thankful for the benefits from wind energy development, but they don’t want to see any more wind turbines.
Albuquerque Journal: Integrity of democratic elections at stake
By John Pudner
SB 96 would have closed a loophole that “dark money” groups use to get around campaign finance disclosure laws. These groups, often from out of state, run vicious and frequently unfounded attacks – and in return want special consideration to influence government at the expense of local citizens…
Then it was vetoed by Gov. Susana Martinez.
Because of that veto, New Mexico still has two sets of rules. If an individual voter donates more than $200 to a candidate’s campaign, that person’s name, address and occupation are publicly disclosed in campaign finance filings. But nonprofit 501(c)(4) organizations like CV4A can take money without disclosing their donors and then use the money for electioneering, like attack-ad TV commercials and editorial pieces in newspapers…
There will be another legislative session next year and hopefully the state Legislature will again send a disclosure bill – maybe even the same one – to the governor.
