Free Speech

New York Review of Books: Why We Must Still Defend Free Speech

By David Cole

Critics argue that the First Amendment is different, because if the weak are silenced while the strong speak, or if some have more to spend on speech than others, the outcomes of the “marketplace of ideas” will be skewed. But the marketplace is a metaphor; it describes not a scientific method for identifying truth but a choice among realistic options. It maintains only that it is better for the state to remain neutral than to dictate what is true and suppress the rest. One can be justifiably skeptical of a debate in which Charles Koch or George Soros has outsized advantages over everyone else, but still prefer it to one in which the Trump-or indeed Obama-administration can control what can be said. If free speech is critical to democracy and to holding our representatives accountable-and it is-we cannot allow our representatives to suppress views they think are wrong, false, or disruptive…

In a fundamental sense, the First Amendment safeguards not only the American experiment in democratic pluralism, but everything the ACLU does. In the pursuit of liberty and justice, we associate, advocate, and petition the government. We protect the First Amendment not only because it is the lifeblood of democracy and an indispensable element of freedom, but because it is the guarantor of civil society itself. 

The Courts

U.S. News & World Report: New Mexico Candidate Seeks Court Injunction to Access Cash

By Morgan Lee

Republican U.S. Rep. Steve Pearce is seeking a federal court injunction to tap into $1 million in political contributions that he collected while in Congress to use in his run for governor of New Mexico.

The motion, filed late Thursday in federal court, seeks to block enforcement of limitations on campaign transfers from Pearce’s federal campaign account to a state one. Approval could give Pearce access to campaign cash while underlying issues are litigated.

The Secretary of State’s Office says that only $11,000 can be transferred by Pearce, based on a New Mexico law that limits campaign contributions to $5,500 in a primary election and again in the general election…

In new court filings, Pearce alleged that restrictions on his federal campaign funds are infringing on his free-speech rights. He notes that state officeholders can roll over their unspent contributions to a campaign for governor, citing the example of former Lieutenant Gov. Diane Denish and her unsuccessful run for governor in 2010.

Wall Street Journal: New Jersey Sen. Bob Menendez’s Trial Will Be Tricky for Prosecution

By Kate King and Thomas MacMillan

The case against the 63-year-old Democrat is set to begin Sept. 6 at U.S. District Court in Newark. Prosecutors have accused him of accepting nearly $1 million in gifts and campaign contributions from his friend, Florida ophthalmologist Salomon Melgen, in exchange for political favors, including intervening in a Medicare billing dispute involving Mr. Melgen’s business and helping secure visas for his girlfriends…

Prosecutors also likely will emphasize the fact that Mr. Menendez didn’t disclose the gifts he received from Mr. Melgen…

The defense likely will emphasize that prosecutors haven’t presented a smoking gun or cooperating witness in the case. With no emails or recordings spelling out an explicit quid-pro-quo arrangement, the case against Mr. Menendez relies largely on circumstantial evidence, Mr. Mintz said.

A decision last year by the U.S. Supreme Court overturning the corruption conviction of former Virginia Gov. Bob McDonnell, a Republican, might also bolster the defense. The ruling narrowed the scope of what constitutes corruption, limiting it to the formal use of power to affect a specific matter pending before a public official.

FEC

FCW: Can the FEC pivot to protect election tech?

By Chase Gunter

At an Aug. 31 event hosted by Georgetown University, former Chairman of the Federal Election Commission Robert Lenhard said that digital media have altered political campaigns and how they’re influenced. 

“Technology is changing the nature of our campaigns,” he said.

While that alone presents its own set of concerns, Lenhard added that the risk of electoral influence at the hands of a foreign government “is much greater” than that of a rogue malefactor…

Lenhard also pointed out the use of social media and the changing ways people consume information have become more nebulous, making it harder to apply campaign finance laws designed for purchased advertisements on more traditional broadcasts.

“How do you write a piece of legislation that tells Google that … when it comes to a search on a political issue, they have to make sure that equal time is given to all candidates in that space on your search results?” he asked…

In direct response to allegations of the Russian interference of the 2016 presidential election, Lenhard cautioned against rushing to write regulations catering to concerns in the digital, and international, space.

Congress

CRP: Sitting Members of Congress to face more, better-funded challengers in 2018

By Sarah Bryner

While it is far too soon to speculate on whether these re-election rates will change in 2018, early signs in 2017 point to many incumbents facing better funded challengers than they have seen in years.

As Michael Malbin of the Campaign Finance Institute discussed in July, 212 incumbents are facing a challenger who has filed a financial report with the Federal Election Commission. While this number still represents fewer than half of all incumbents, it is much higher than at a similar point in 2013, when only 95 incumbents had a challenger lined up. Facing a challenger with even a small amount of fundraising at this point in the cycle is an indicator of a tough re-election bid…

While this year’s crop of early challengers is much larger than in the past, most have an uphill battle in fundraising. Eight, however, have outraised the incumbent they’re challenging, all but one of whom are Republicans being outraised by Democrats or Republican primary challengers…

Challengers also do relatively well with small donors. 71 incumbents are facing at least one challenger who has outraised the incumbent in money from small donors.

Donors

Daily Caller: Investment Firm Launches MAGA Fund To Support Trump And Republicans

By Alex Pfeiffer

A Texas-based investment firm is launching the first exchange traded fund (ETF) that will invest in stocks that are highly supportive of federal Republican candidates including President Donald Trump, The Daily Caller has learned.

Hal Lambert, founder of Point Bridge Capital, is launching the Point Bridge GOP Stock Tracker ETF – stock ticker MAGA. The ETF will trade like a single stock and any investor with a brokerage account will be able to purchase MAGA beginning Sept. 7.

The ETF strategy starts with stocks in the S&P 500 and analyzes the political contributions of the employees and the company PACs. The top 150 Republican stocks based on their contribution data are then included in the ETF. Lambert, a major Texas Republican fundraiser, refers to the approach as “politically responsible investing.”

The States

Santa Fe New Mexican: Legal fight brews over new campaign finance rules

By Andrew Oxford

The state’s usually mundane regulatory process has become a flashpoint in a national battle over the influence of money on electoral politics. Now a coalition of conservative and libertarian groups that has campaigned against Democrat Toulouse Oliver’s policies is signaling it will sue to stop the rules.

Though the policies got a final hearing last week, few of the couple dozen people who turned out for the meeting at the state Capitol were concerned about the wording of the 14-page proposal. Instead, most spoke about what the new policy would represent in a more fundamental sense.

For proponents, Toulouse Oliver’s proposals are key to curbing the power of the wealthy to influence New Mexico’s elections. For critics, they are an invasion of privacy that will scare off people from backing controversial causes…

Toulouse Oliver said her office will publish the rule in the coming weeks, ensuring it will not take effect until after the next campaign finance reporting deadline on Oct. 9 but in time for the 2018 election year.

Asked about the prospect that critics might sue to block the rules, Toulouse Oliver said, “We’re ready to go to court.”

Albuquerque Journal: Secretary of state prepared to defend new rules in court

By Dan Boyd

Secretary of State Maggie Toulouse Oliver said Wednesday she’s prepared to go to court to defend proposed New Mexico campaign rules aimed at requiring more disclosure in political spending… 

Several critics have suggested legal challenges could be forthcoming if the Secretary of State’s Office implements the rules, which are largely based on bipartisan legislation that was vetoed earlier in April by Gov. Susana Martinez.

“I believe I have First Amendment rights that are slowly being abridged,” said Leland Thomas Taylor of Albuquerque…

Democratic Party of New Mexico Chairman Richard Ellenberg testified Wednesday he believes the secretary of state has the authority to enact the rules, and said the party supports increasing political disclosure requirements.

However, Ellenberg also expressed concern about several provisions in the proposal, including a section dealing with allowable campaign debt that he said could cause confusion in the final frantic days of a political campaign.

Kansas City Star: Here’s how citizens can finally clean up Missouri government

By Editorial Board

Some 500 petitioners are roaming the state most weekends collecting signatures for something called “The Clean Missouri Initiative” that would go on the November 2018 ballot. This is the latest bid by regular folks to take control of their government back from the big corporations and the special interests…

The initiative would enshrine in the Missouri Constitution a series of proposals that lawmakers have kicked around for years. In one fell swoop, the state would:

▪ Require that lawmakers wait two years before they could turn around and lobby their colleagues.

▪ Eliminate almost all lobbyist gifts. No freebie could be valued at more than $5. In other words, lobbyists could buy legislators a cup of coffee – and no more…

▪ Set campaign donation limits at $2,500 for the state Senate and $2,000 for the House…

Unlike past initiative efforts that have fallen flat, this one has financial support thanks to a $250,000 donation from the Missouri National Education Association.

Denver Post: Denver proposal aims to force disclosure of independent spending in elections as “dark money” trickles down

By Jon Murray

A final vote is set for Sept. 11 and would come just in time to govern the 2019 cycle, before candidates start filing to run. 

The proposal originated out of Clerk and Recorder Debra Johnson’s office after discussions by a working group that included elections director Amber McReynolds, Kniech, Colorado Common Cause, Colorado Ethics Watch and other participants.

The measure would adopt the state definitions of “independent expenditure,” which is a broad catchall for any activity supporting or hurting a candidate, and “electioneering communication,” which specifically relates to advertising.

The individual, company or other organization behind the independent spending would have to file public reports within two days after an individual, company or group spends more than $1,000, including disclosing anyone who gives more than $25 to the effort. They also would have to make clear on any mailers, broadcast ads or other advertising who paid for them and the independence from the candidate’s or issue’s official campaign.

The proposal also would modify the city’s campaign finance ordinance in other ways.

Governing: The City Councils Where Women Are Least Represented

By Mattie Quinn

New York City may pride itself on being the epicenter of progressivism, but a new report shows it has one of the nation’s worst gender gaps in politics…

Out of the country’s 10 most populous cities, only Los Angeles and Houston have fewer women on their councils than New York. There’s only one woman on the Los Angeles City Council (out of 14), and Houston has four (out of 16). New York has 13 (out of 51)…

The New York City Council’s female representation hasn’t always been this bad. During the 2000s, up to 18 women were on the council at one time. The study projects that if the downward trend continues, just nine women will sit on the council in the term ending in 2021…

Research shows that when women do run for elected office, they win in equal numbers to men.

U.S. News & World Report: Report: New Ethics Commission Conducts Just 1 Investigation

By Associated Press

A new report shows that Wisconsin’s official government Ethics Commission investigated just one alleged violation in its first year of operation…

GOP lawmakers and Gov. Scott Walker created the Ethics Commission, saying the previous Government Accountability Board was too partisan. The board came under particularly fierce fire for its role in a secret criminal probe into ties between Walker’s campaign and outside conservative groups, which the state Supreme Court ended in 2015.Democrats and government transparency groups predicted the new commission would be a far less aggressive watchdog for Wisconsin’s ethics and campaign finance laws…

Assembly Speaker Robin Vos, a Republican, said the commission has proven to be responsive to legislators and staff.

“The Commission’s success should not be judged based on the number of investigations but whether violations were prevented and the laws were followed,” Vos said. “The people of Wisconsin should be pleased that the new bipartisan commission is working and that the state is no longer operating under the Government Accountability Board, which was used as an instrument for partisan witch hunts.”