Listen Live: What the 2010 Elections Mean For America

This afternoon at 4:00 PM Eastern, Peter Montgomery, a Senior Fellow at People For, will be on WBAI in New York discussing yesterday’s elections and how our 5 Election Day Stories to Watch are playing out.

You can listen live here.

And read People For President Michael B. Keegan’s full analysis, What the 2010 Elections Say About America: Stories People For the American Way is Watching, in the Huffington Post.



Rogues to Watch Out For

Whatever the results of today’s elections, there’s little doubt that the incoming Congress will shift drastically to the Right. How far right?

In a new piece in the Huffington Post, People For’s president, Michael Keegan, examines some of the trends among front-running GOP candidates this year, including extreme anti-government views (to the point of abolishing the Department of Education and phasing out Social Security) and a loyal allegiance to Big Business. We’ll be watching how these issues play out in today’s election…but what about when some of these folks are in office?

Ezra Klein writes today about the “end of the do-something Congress.” Despite GOP obstruction, the 111th Congress has pushed through some huge legislative initiatives—from Health Care Reform to the Stimulus to the Lily Ledbetter Fair Pay Act.

Republican leaders have promised that if they retake majorities in Congress, their main goal will be legislative gridlock. Senate GOP leader Mitch McConnell put it like this: “The single most important thing we want to achieve is for President Obama to be a one-term president.”

It’s a dismal goal for people supposedly in the public service business. But what the focus on the coming GOP gridlock hides is what the new far-right GOP would do if they didn’t face any opposition from a strong progressive presence in Congress or the executive branch. As today’s Huffington Post piece and our Rogues Gallery of right-wing candidates explain, it’s not pretty.

Pat Toomey


Breaking fraud/suppression news from Election Day

With Election Day half over (at least for some), we have three new reports of the Right Wing’s voter-fraud fraud and voter suppression. This follows up on a couple of the items Miranda shared earlier this afternoon.

Florida. Consider this another case of the Right fighting back against a government that fails to buy into their voter-fraud fraud. The Rick Scott for Governor Campaign and the Florida Republican Party recently launched the Honest Voter Hotline.

While we are hopeful that Election Day will be free of any wrongdoing, we have seen that allies of the Democrat Party, have shown a willingness to commit fraud across the country, in both this election cycle and recent years. Given the tightness of the polls, all examples of fraud must be addressed to preserve the integrity of the election.

We, too, want Election Day to be free of wrongdoing – and free of claims that voter fraud is a pervasive national problem when it simply isn’t.

Kansas. State Attorney General Steve Six has opened an investigation into weekend robocalls alleged to not only give the incorrect election date but also false information regarding voter ID. Kansas requires ID only for first-time voters, and that’s only if they didn’t provide ID when registering to vote. Targets of the robocalls reported being told to bring their voter registration cards and proof of homeownership. Neither is necessarily required, and voting certainly isn’t restricted to homeowners. The original complaint was filed by the Kansas Democratic Party based on reports it received from individual voters.

South Carolina. Reports have surfaced regarding harassment targeted at Black students and Black voters generally. At Benedict College, a historically Black institution, the perpetrators have done what they can to make voting difficult or uncomfortable, even forcing some voters to fill out provisional ballots. At Sumter’s North Hope Center precinct, and possibly other locations, they’re manufacturing a similar air of uneasiness.



Sheldon Whitehouse Analyzes "Judicial Activism"

Senator Sheldon Whitehouse has authored a thoughtful piece in the National Law Journal, one that makes an important contribution to our national dialogue on the role of the Supreme Court in Americans' lives. This is a must-read analysis of "judicial activism" - what it means, and how to identify it.

For years, using propaganda like "activist courts" and "legislating from the bench," the Right has demagogued against judges who protect basic American values like church-state separation, equal rights, freedom of speech, and the right to privacy. But the Roberts Court has made clear that the Right doesn't believe their own propaganda about "judicial activism."

Focusing attention on the real meaning of “judicial activism,” rather than simply using the term as an epithet to denigrate decisions one disagrees with, Sen. Whitehouse identifies five key characteristics - the "red flags"- that unmistakably signal judicial activism:

First, an activist court would be less likely to respect the judgments of the American people as expressed through state and federal legislation. ...

Second, an activist court would chafe at unwelcome prior precedents of the court. ...

Third, an activist court, facing the perennial choice between securing a broad consensus and allowing a bare majority to carry the day, would go down the path that allowed it to reach farther in the ideologically satisfactory direction. As a result, an activist court would likely render 5-4 decisions rather than strive to find broader common ground across the court. ...

Fourth, a discernible pattern of results would likely emerge: Whether conservative or liberal, an activist court would issue decisions consistent with its ideological preferences. ...

Fifth, an activist court might be prepared to violate rules and tenets of appellate decision-making that have long guided courts of final appeal. ...

Sen. Whitehouse then analyzes the jurisprudence of the conservative bloc on the Supreme Court and demonstrates, step by step, that it raises all five of the red flags of "judicial activism." His objective analysis shows that the conservative justices who are praised by the right wing exemplify the judicial activism that the right claims to oppose.

The centerpiece of a generation’s worth of right-wing propaganda on the courts crumbles.

The article finishes on a hopeful note:

"Judicial activism" is often in the eye of the beholder. If, as I have suggested here, we can identify red flags for judicial activism, the conservative bloc on the current Supreme Court is flying all of those flags. Let's hope that [the 2010-2011] term sees a renewal of the best traditions of the Court, not merely the imposition on our Republic of the ideological or political will of a determined, but bare, majority of the justices.

Indeed, let us hope.


The Morning Voter Suppression Roundup

Here at People For, we’ve been following right-wing voter suppression schemes…often carried out under the guise of preventing “voter fraud,” a proven non-problem that has become code simply for minorities and young people voting.

This morning, reports of voter suppression and intimidation started coming in from around the country. Here are a few of them. We’ll keep you updated as the day goes on.

  • Columbia, South Carolina: Jack and Jill Politics reports that Tea Party “election watchers” are protesting student votes at the historically black Benedict College, and making students votes with provisional ballots. At at least one location in Sumter, SC, the blog reports, activists are shouting at people heading to the polls.
  • Houston, Texas: The Texas Observer reports that Tea Party-recruited poll watchers have been intimidating voters in largely minority areas during early voting.
  • Kansas: According to Think Progress, an unidentified group in Kansas has been robocalling voters telling them falsely that they need proof of home ownership to vote…”on Wednesday.”

3 Reasons to Vote Tuesday

There are many reasons why it is important to vote tomorrow. Here are three of them:

  1. Because you care about a government that cares about people. Take a look at our Rogues’ Gallery of Right-Wing Senate candidates. A coalition of extreme far-right candidates, led by Senator Jim DeMint, want to push a radical agenda that will chip away at individual freedoms while making life even tougher for middle class and working class Americans. These candidates, backed by corporate interests, have plenty of allies running for the House and for statehouses throughout the country. If they’re in charge, they won’t bring progress to a standstill, they’ll start rolling it back.
  2. Because you’re a human being. The Supreme Court ruled this year that corporations have “free speech” rights to spend money to influence elections. Exxon and BP, Goldman Sachs and JP Morgan can now spend millions of dollars from their treasuries to sway your vote. We real human beings may not have millions of dollars to spend for our favorite candidates, but we have one advantage over corporations. We can cast a vote.
  3. Because they don’t want you to. The Right has been up in arms this year about the supposed threat of “voter fraud.” The number of cases of actual voter fraud is minute, and widespread fraud wouldn’t even logically make sense, but the Right loves to talk about it as a way to prevent young, poor, and minority citizens from voting. Don’t let them.

Find your polling place here.


Video Game Violence and the First Amendment

Tomorrow at the Supreme Court, the Justices will hear arguments over whether the state can limit minors’ access to extreme depictions of violence.

California law bans the sale or rental of violent video games to minors. In adopting the law, the California legislature considered scientific evidence showing a correlation between playing violent video games and an increase in aggressive thoughts and behavior, antisocial behavior, and desensitization to violence in both minors and adults. The law was designed to give parents greater control over whether their children have access to the most violent video games.

Although the law was enacted several years ago, courts have kept it from going into effect on the basis that it violates the First Amendment.

The law parallels a New York law restricting the sale of non-obscene sexual material to minors that the Court upheld in the 1960s. Specifically, it covers those violent video games where:

  • a reasonable person, considering the game as a whole, would find that it appeals to a deviant or morbid interest of minors;
  • it is patently offensive to prevailing standards in the community as to what is suitable for minors; and
  • it causes the game, as a whole, to lack serious literary, artistic, political, or scientific value for minors.

California argues that, for the purposes of the First Amendment, the Supreme Court should apply the same relaxed standard to violent material as it does to sexual material:

[I]t should make no constitutional difference whether the material depicts sex or violence. ... [T]he Act must be upheld so long as it was not irrational for the California legislature to determine that exposure to the material regulated by the statute is harmful to minors.

This would mark a significant change in First Amendment law.

Just the fact that the Court agreed to hear this case is interesting. The Court often takes a case where there is disagreement among circuit courts on how to interpret a particular law. But here, there is no such disagreement: Lower courts have uniformly struck down laws such as this as violating the First Amendment. The fact that the Supreme Court decided to hear the case anyway may signal that the Justices are ready to make the change that California is asking for.


Still more on the voter "fraud" / voter intimidation front

Some more on the voter "fraud" / voter intimidation front:

  • Alabama’s Republican Secretary of State has offered a $5000 bounty for "information reported to her office that leads to a felony conviction of voter fraud."
  • A federal district judge has ruled that conservatives in Minnesota rallying against voter fraud cannot wear their "Please I.D. Me" buttons or their Tea Party tee-shirts in or around the polling locations, since the areas where people vote are supposed to be free of political messages.
  • Media Matters has put together a video compiling right-wing media covering questionable GOP allegations of voter fraud. Despite the little evidence that exists to support these claims, Fox News has declared that the network will continue cover voter fraud allegations "in every show."
  • Media Matters also takes a look at the voter intimidation stories that Fox News either ignores or totally distorts while playing up phony voter fraud stories.
  • Noting that “voter intimidation is a form of voter fraud,” Ohio Secretary of State Jennifer Brunner is investigating the McDonald’s franchise owner who sent his employees a letter with their paychecks saying they should vote for Republican candidates if they wanted raises.

Employment Discrimination Case at the Supreme Court

Elections will not be the only thing happening on Election Day. On Tuesday, the Supreme Court will hear arguments in an important employment discrimination case where the official who fired the plaintiff was free of bias, but her decision was influenced by the bias of others.

Although Staub v. Proctor Hospital involves a rather narrow federal anti-discrimination statute - the Uniformed Services Employment and Reemployment Rights Act (USERRA), which generally prohibits discrimination in civilian employment on the basis of military service - the reasoning of the decision could apply to the larger universe of federal anti-discrimination statutes. Therefore, this case might affect millions of American workers both in and out of the military who have the right to be treated fairly.

Vincent Staub sued his employer after he was dismissed from his job as a hospital technician. The hospital official who fired him had no unlawful motives. However, according to Staub, she relied on false information provided to her by his supervisor, who did act out of bias against Staub’s military service. Moreover, according to Staub, the decision-maker failed to vet that information in any meaningful way. At trial, the jury returned a verdict in Staub’s favor, but the hospital won a reversal on appeal.

At issue before the Supreme Court is whether an employer can be held liable for employment discrimination based on the unlawful intent of officials who influenced - but who did not themselves make - an adverse employment decision. If the employer can be held liable, then under what circumstances? How much influence must the biased official’s actions have had before that bias can be attributed to the employer? What if the biased action is not the sole cause for the employment decision? How easy or difficult should it be for an employer to evade liability in these circumstances?

As the Supreme Court determines how to answer these questions, it should keep in mind Congress’s repeated efforts to ensure that discrimination has no place in the modern American workplace.


The Most Outrageous Ads of the Election

This election cycle has experienced a massive flood of political spending following the dramatic weakening of campaign finance laws in cases such as Citizens United and SpeechNow. According to Political Correction, between August 1st and October 29th, the ten biggest right-wing groups, many of which are backed by contributions by corporations and don’t publicly disclose their donors, have spent about $100 million to air 109,826 ads. Many of the conservative candidates and organizations have been employing false claims and polarizing smears in their ads meant to foment cultural divisions and discredit progressive legislation. Here are just a handful of the most outrageous and irresponsible ads used this election year:

Anti-Muslim Rhetoric

The Right Wing has used the Park51 Community Center as a way to provoke fear, stoke divisions, and promote intolerance. The debate surrounding the community center has been riddled with attacks on religious freedom and baseless claims that the project’s organizers have ties to extremist groups, and the right has attempted to make the community center in Lower Manhattan an election issue in places like Iowa and North Carolina.

American Future Fund:

Renee Ellmers (Republican nominee, NC-02)

Anti-Health Care Reform

The recently passed health care reform law has been hammered by outside groups and conservative politicians with numerous dishonest and misleading attacks. Independent fact checkers have confirmed that the law does not use taxpayer funds to pay for abortion or drugs like Viagra for sex offenders. Other false and deceptive claims include allegations that the reform law establishes death panels, creates an army of IRS agents to arrest people without coverage, cuts Medicare benefits, and leads to the government takeover of the health care system.

American Action Network:

Susan B. Anthony List & CitizenLink (Focus on the Family Action):

Anti-Immigrant Extremism

Conservative politicians are taking cues from the Right Wing Playbook on Immigration Reform by attempting to portray Latinos in America as violent criminals who threaten White Americans. While smearing Comprehensive Immigration Reform and the DREAM Act, such anti-immigrant ads unfairly depict Latinos as invaders, gangsters, and welfare-beneficiaries. Even Sharron Angle tried to distance herself from her campaign’s ads by claiming that they are not Latinos but could actually be “terrorists” from Canada.

Sharron Angle (Republican nominee, NV-SEN):

Sen. David Vitter (Republican nominee, LA-SEN):


In an Open Letter, People For Urges ABC to Distance Itself from Breitbart

Right-wing activist and noted smear concocter Andrew Breitbart announced Friday that he would be appearing on ABC News tomorrow as an election night "analyst." Faced with backlash from progressive groups, ABC News has said that Breitbart will appear only as a guest on an online town hall discussion. In an open letter to ABC News President David Westin today, People For's Michael Keegan responds that providing any sort of platform for Breitbart legitimizes his deceitful practices:

Dear Mr. Westin:

We at People For the American Way are deeply concerned to hear of your plans to host activist Andrew Breitbart as an ABC News election night “analyst” on Tuesday, and want to make sure you are aware of the implications of any association between ABC News and Breitbart’s history of deceptive mudslinging. Breitbart has proven time and again that he is willing to make up stories and smear the names of innocent people in order to draw attention to himself and advance his political causes. By associating with Breitbart, ABC News acknowledges the credibility of his dishonest tactics, and draws its own credibility as a news source into question.

We respect ABC News’ commitment to balanced analysis, and expect that any unbiased news source will seek to provide equal platforms to each side of any debate. However, part of the responsibility of providing balanced news is ensuring that those participating in the debate are approaching the issues honestly and dealing in facts.

Andrew Breitbart, far from dealing in facts, has a long history of fabricating smears in order to advance his own agenda:

  • He famously doctored a recording of Department of Agriculture employee Shirley Sherrod speaking about overcoming racism in order to accuse her of racism. His smear led to Sherrod’s firing, but even more troubling, served to stoke existing racial resentment against the Obama Administration.
  • His pushing of a tape that supposedly showed an ACORN employee helping a pimp and prostitute to establish a brothel helped to drive the smear campaign that eventually brought down the respected community organization. Independent investigations  later found the tapes to be heavily edited and the storyline that Breitbart pushed to be far from the truth. Breitbart’s smear of ACORN helped to propel the right-wing media’s current fixation on the discredited fear of “voter fraud” resulting from minority voting.
  • Breitbart is currently engaged in another fishy media campaign in Alaska, where he has accused a local CBS affiliate of concocting a plot against Senate candidate Joe Miller…but the only evidence he has been able to produce is a fuzzy audio clip that hardly substantiates his claim.

Andrew Breitbart has every right to continue spewing his lies and conspiracy theories on the Internet, but his deceptive “analysis” has no place in an honest debate on an unbiased news program. Even including him in an online feature, as you have now said you will, lends a legitimate platform to his lies. And providing that platform makes ABC News complicit in Breitbart’s deliberate, excuseless smears.

We urge you to reconsider your invitation to Andrew Breitbart before providing a platform to harmful smears and putting your own reputation as a news source at risk.


Michael B. Keegan.
President, People For the American Way


The Voter-Fraud Fraud: And On It Goes

As we get closer to Election Day, the cacophony over "voter fraud" grows louder. Here are just a few of the items we're seeing:

  • Fox News hypes the conspiracy theory that the Justice Department is sending out poll monitors to facilitate voter fraud.
  • Republicans are motivating their base by trotting out their baseless charge that Al Franken stole the Minnesota 2008 Senate election.
  • Georgia GOP groups and candidates are helping Tea Party groups access precincts as poll watchers to fight "voter fraud."
  • Rep. Keith Ellison calls out Minnesota "anti-fraud" group for voter intimidation. The "dead voter" cited by a Republican candidate to attack voter fraud last week is, in fact, quite alive.
  • Nevada’s Secretary of State thoroughly debunks Republican allegations of voter fraud and voting machine tampering.

It is important to remember why the Right puts so much energy into the Voter-Fraud Fraud, screaming and yelling and working overtime to tackle a mostly non-existent problem. While they don't root out the voter fraud that was never going to happen in the first place, they do intimidate people, often people of color and likely Democratic voters, into not voting. They also work to paint any election victory by Democrats as illegitimate.


Great Polling Place Locator Tool

You can embed this great, free polling place locator tool from Google on  your blog or web site.... like this:

Use it here to find your polling place and other election information for where you live.

Big Macs, and Mexicans, and Zombies! Oh my!

Reports continue to pour in of the Right Wing’s voter-fraud fraud and voter suppression related to next Tuesday’s election. Today, instead of lions, and tigers, and bears, they want you to worry about Big Macs, and Mexicans, and zombies. Oh my!

Here’s the latest.

Big Macs. Alan Schulman of Schulman Zimmerman & Associates in Canton has contacted local prosecutors regarding a disturbing handbill sent to employees at a McDonald’s franchise in Ohio. The handbill, enclosed with recent paychecks, reportedly tells employees that they must vote for a slate of Republican candidates, or else. “[If] the right people are elected, we will be able to continue with raises and benefits at or above our present levels. If others are elected we will not.”

Mexicans. We’ve long heard about the vast numbers of undocumented immigrants who apparently think it’s worth risking deportation to appear at a polling place and try to vote. Now, apparently, the claim is that Mexicans are being bused across the southern border to sway the election in favor of Democrats, in exchange for short trip and a free meal. At least that’s what Jesse Kelly (R) wants you to believe (scroll down for audio). Kelly is challenging US Congresswoman Gabrielle Gifford (D) for Arizona’s 8th District.

Zombies. This might just be the best yet. Did you know that zombies are voting? The Tea Party Paranormal Society – you heard me right, the Tea Party Paranormal Society – is dedicated to stopping zombies from voting.

They even have instructions on how to perform a Zombie Voter exorcism.

Basic Instructions to find, identify, and exorcise Zombie Voters:
    1. Go to your local municipal court house
    2. Find Clerk of Court Office
    3. Obtain a copy of the death rolls
    4. Copy names of the deceased potential voters going back at least 2 election cycles
    5. Upon completion of this project notify media that you are in possession of the names of all deceased potential voters in the area
    6. Provide a copy list to appropriate conservative representative and/or poll watchers, and instruct them of the legal process in your jurisdiction on how to challenge a fraudulent vote (information obtained from commissioner of elections, registrar, or other appropriate authority from your state)
    7. Document everything and get video if possible

Happy Halloween!

In other news:

      • AZ secretary of state debunks right wing voter-fraud conspiracy theory
      • Elderly Black Voters Allegedly Intimidated At Their Homes In Texas
      • True The Vote Documents Show Hidden Donations, Republican Ties
      • New Mexico voter registration forms are fraudulently altered - by Republicans