People For the American Way is on the air in Colorado to inform voters about the corporate special interest money that is being used to elect Ken Buck to the US Senate. Coloradans need to know that corporate-funded groups like the US Chamber of Commerce, American Crossroads, and the First Amendment Alliance want Ken Buck in the Senate to push their agenda and block reforms. Corporations want to buy Colorado’s next Senator, and People For the American Way wants to make sure that voters in Colorado know “who’s controlling Ken Buck” and “what are they buying”:
The First Amendment Alliance is a 527 “Super PAC” that can raise unlimited funds from corporations and individuals for independent expenditures on the election, and the group is currently smearing Democratic candidates for Senate with negative ads in competitive races. So far, the First Amendment Alliance has spent over $800,000 running attack ads against Democrats Michael Bennet of Colorado, Jack Conway of Kentucky, Chris Coons of Delaware, and Harry Reid of Nevada.
On its website, the organization says “we communicate instances of waste, fraud, hypocrisy, and general disregard for standards of civility in society,” and its contact information only lists a mailbox in Alexandria, Virginia. Its President, Anthony Holm, works on the campaign of Texas Governor Rick Perry and was tied to a GOP scheme to place a Green Party candidate on the ballot for governor in order to take away votes from Rick Perry’s Democratic opponent. But Holm is also a representative for GOP mega-fundraiser Bob Perry, who contributed $4.45 million to Swift Boat Veterans for Truth in 2004 and recently donated $2.5 million to the Republican Governors Association.
According to a review of the group's recent FEC filings, it's clear that the First Amendment Alliance is a sham group for the energy industry whose office is a mailbox. Nearly every single donor, including businesses and individuals, has links to the energy industry. Of the 73 contributors, 39 are businesses and 34 are individuals, and 70 of the donors are clearly tied to the oil and gas industry. The group raised close to $1.1 million, and of that amount more than $300,000 came from businesses tied to the energy industry and over $600,000 came from individuals with energy connections.
Here is just a sampling of some of the group’s most generous donors: Oilman Russell Gordy contributed $150,000, Clayton Williams of Clayton Williams Energy and Earl Rodman of Rodman Petroleum both donated $100,000. The Anschutz Corporation donated $50,000, and Melange Associates and Chisos LTD, which are both involved in oil and gas exploration, gave $25,000 each. And of course, Bob Perry gave the group $50,000 this year.
The First Amendment Alliance has to disclose its donors according to FEC rules for “Super PACs,” but many political organizations that are 501(c) groups, like Crossroads GPS and the Chamber of Commerce, never have to disclose the sources of their funding. As a result of such disclosure rules, we now know who is behind the First Amendment Alliance’s attack ads in Senate races across the country.
Using those funds, the group launched an aggressive, and sometimes plainly dishonest, campaign aimed at defeating Democratic candidates for the Senate.
In addition to attacks against Senators Bennet and Reid, the First Amendment Alliance’s ad against Jack Conway was so misleading that one TV station pulled it from the airways. In the ad, the First group used information showing the increased numbers of meth-labs shut down by police officers as evidence that the number of meth-labs increased while Conway was Attorney General. In essence, it used statistics pointing to increased effectiveness by Kentucky law enforcement to deceptively claim that Conway was unsuccessful in fighting drugs. Conway actually presided over the largest drug-bust in state history, and the Kentucky Fraternal Order of Police cited Conway’s achievements in cracking down on drugs as one of the reasons the group endorsed him. The Glasgow Daily Times reports that “Barren County Sheriff Chris Eaton says law enforcement ‘would be lost’ in the war on drugs if it weren't for federal help, funding assistance opposed by Republican Senate candidate Rand Paul.” Paul, Conway’s Republican opponent, also asserted that drug abuse was not “a pressing issue” in the state.
In its Delaware ad, the First Amendment Alliance accuses Democratic Senate candidate Chris Coons of “bankrupting New Castle County,” even though the county under Coons’s leadership received a triple-A bond rating, which Moody’s Investors Services said “reflects the county’s strong financial operations bound by conservative policies.” Despite such proof of sound fiscal leadership, the First Amendment Alliance falsely claims that Coons is responsible for an “economic train wreck.”
The Supreme Court today agreed to decide if former Attorney General John Ashcroft can be personally sued for alleged abuse of his authority in the days after 9/11 attacks. According to Bloomberg News:
The U.S. Supreme Court will consider reinforcing the legal immunity of top government officials, agreeing to decide whether a man can sue former Attorney General John Ashcroft after being detained without charge for 16 days.
The justices will review a ruling that allowed a suit filed by Abdullah al-Kidd, a Muslim U.S. citizen who was arrested in 2003 and held as a material witness in a terrorism probe. Al- Kidd says the government classified him as a material witness because it lacked enough evidence to hold him as a suspect.
A panel of the Ninth Circuit held that Ashcroft was not immune from being sued personally for the illegal abuse of authority that was the subject of al-Kidd’s claim. Ashcroft, with the support of the Obama Administration, asked the Supreme Court to reverse this decision and not allow the lawsuit to go forward. In his brief urging the Supreme Court not to hear Ashcroft’s appeal, al-Kidd claims that:
The impetus for arresting [him and other] individuals was not to secure their testimony for a criminal proceeding. Rather, these were individuals whom the government viewed as suspects and wished to detain and investigate. But because the government lacked probable cause to arrest these individuals on criminal charges, it had them arrested as material witnesses, thereby circumventing the Fourth Amendment’s traditional probable cause standard and distorting the basic purpose of the material witness statute.
The Court will likely hear arguments in the case next year and issue an opinion by summer. Justice Kagan has recused herself.
This case is a reminder that in the weeks and months after 9/11, innocent people were being rounded up by the federal government with little to no evidence against them. With Bush’s popularity at its height and few willing to oppose him and his administration publicly, People For the American Way Foundation led the nation in exposing and condemning the Ashcroft Justice Department’s multifaceted threats to liberty.
It will be interesting to see if all of those Tea Partiers who claim to oppose big government encroaching on individual liberties will take a stand against the excesses of the Bush years - and explain why they were silent at the time.
Nearly ten months since the Supreme Court drastically expanded the ability of corporations to influence the political process, the public is still greatly troubled by the Court’s ruling in Citizens United. The majority Americans do not buy the absurd arguments of Congressional Republicans that Citizens United was as significant a step forward as the Court’s landmark decision in Brown v. Board of Education, as most people believe that corporations should not be allowed to spend unlimited sums from their general treasuries to fund political efforts. A Hart Research poll conducted on behalf of People For the American Way found that77% of Americans want Citizens United to be overturned, and that corporations already have too much political power.
A recent “Constitutional Attitudes Survey” by Harvard and Columbia University professors found that while self-described liberals and conservatives all found Court decisions they agree with, Citizens United stands out asthe most unpopular among all respondents:
One notable decision that stuck in respondents' respective craw, however, was Citizens United v. Federal Election Commission, the January 2010 opinion that struck down a federal law prohibiting corporations from airing advertisements endorsing a political candidate.
Fifty-eight percent of survey respondents disagreed with the statement, "Corporations ought to be able to spend their profits on TV advertisements urging voters to vote for or against candidates." Only 40 percent agreed with the statement.
Additionally, an overwhelming 85 percent of respondents answered yes to the question, "Should corporations be required to get approval from their shareholders for expenditures related to political campaigns?" Indeed, Persily told the Spokane, Washington-based Spokesman Review that the Citizens United opinion is "very out of step with public opinion."
The survey's results are consistent with those of a Washington Post-ABC News poll taken in February, shortly after the case was decided. A full 80 percent of respondents in that poll disagreed with the court's holding, and 65 percent labeled themselves "strongly" opposed. Surprisingly, that poll found that views of the decision did not split along party lines -- fully 76 percent of Republicans and 81 percent of independents, along with 85 percent of Democrats, disagreed with the decision.
Dan Froomkin is reporting on a depressing new report that paints a frightening picture of just how difficult it is for ordinary Americans to receive justice in our courts. He discusses:
the finding[s] of a world-wide survey unveiled Thursday morning that ranks the United States lowest among 11 developed nations when it comes to providing access to justice to its citizens -- and lower than some third-world nations in some categories.
The results are from the World Justice Project's new "Rule of Law Index", which assesses how laws are implemented and enforced in practice around the globe. Countries are rated on such factors as whether government officials are accountable, whether legal institutions protect fundamental rights, and how ordinary people fare in the system. ...
But the most striking findings related to access to justice for ordinary people. ...
[The study] found a significant gap between the rich and the poor in terms of their use and satisfaction with the civil courts system.
Froomkin quotes from a World Justice Project news release:
[O]nly 40% of low-income respondents who used the court system in the past three years reported that the process was fair, compared to 71% of wealthy respondents. This 31% gap between poor and rich litigants in the USA is the widest among all developed countries sampled. In France this gap is only 5%, in South Korea it is 4% and in Spain it is nonexistent.
Unfortunately, it is no surprise that the wealthy and powerful are happier with our court system than are the rest of the American people. This is consistent with the analysis contained in a People For the American Way Foundation report released earlier this year. Citing Citizens United and numerous other cases, The Rise of the Corporate Court: How the Supreme Court is Putting Business First exposed the undue deference the Supreme Court has too often paid to corporations at the expense of the legal rights of individuals.
Making it even harder for average Americans victimized by powerful corporations to seek justice, one in eight seats on the federal bench is vacant. In fact, the Administrative Office of the U.S. Courts has declared judicial emergencies in numerous circuits and districts where the vacancies have reached the crisis point. Yet Senate Republicans refuse to allow floor votes on qualified and unopposed judicial nominees to help relieve the overburdened federal judiciary.
The integrity of the entire judicial branch of the United States government is at risk.
At 36, Julián Castro, Mayor of San Antonio, is the youngest mayor of a Top 50 American city. He’s been a member of the YEO Network since it’s founding, when he was a city councilman—he was elected mayor last year. In his first year in office, among other accomplishments, he sealed a multimillion dollar deal for alternative energy research in the city. You can read more about Julián in a lengthy New York Times Magazine profile from May.
Hannah Pingree, 33, the speaker of the Maine House of Representatives, was also one of the original members of the YEO Network. Here’s what she had to say to Time about why she’s in politics:
"I love politics. Even in these times, politics is hard, the word 'politics' isn't popular, and politicians aren't the most poplar people. But being able to serve in the stage legislature, where a lot of the work we do is bipartisan, there are decent people on both sides of the aisle. You can make a difference. I've been able to pass a lot of bills or make an impact on the people I grew up with: fishermen in my district, people who need good housing, environmental policy that impacts kids' health. If I hadn't been able to do that in politics, I would have given up a long time ago. All the challenges and, sometimes, meanness and frustration you encounter in politics is worth it, if you can make good things happen."
Bakari Sellers became the youngest member of the South Carolina General Assembly at the age of 22. Now 26, he’s earned a law degree and continues to be a voice in the legislature for the ‘have-nots’ in his community. He told BET last year, "My goals again are relatively simple, representing a very poor and rural district. I want to ensure all South Carolinians access to a first-class education and ensure access to quality health care.”
Kyrsten Sinema, 34, is a member of PFAW Foundation’s Board of Directors as well as the YEO Network. A member of the Arizona House of Representatives, she’s running for a seat in the State Senate this fall. Kyrsten’s been a leader in Arizona on gay rights, responsible immigration policy, and economic development. Here’s her debate with Sherriff Joe Arpaio about Arizona’s draconian immigration law in April:
This afternoon, several of us at People For the American Way went to lend our support (and homemade signage) to a protest that MoveOn had organized in front of the Chamber of Commerce.
The Chamber has been in the spotlight this week, after a ThinkProgress investigation found that hundreds of thousands of dollars it gets in membership dues from foreign corporations may be going toward its efforts to influence elections.
The Chamber has vowed to spend $75 million this year to help elect candidates who will prioritize corporate interests. Because of the Citizens United decision, the Chamber’s corporate members have a lot more leeway in how they direct their political spending --but the legality of the group’s funding from foreign corporations is questionable.
Coming on the heels of a report by ThinkProgress on how the US Chamber of Commerce uses membership dues from foreign corporations to pay for political advertisements in American elections, the Supreme Court’s ruling in Citizens United is facing new scrutiny for opening up the floodgates of corporate spending. People For the American Way has spoken out against the Chamber’s practices of collecting “hundreds of thousands of dollars from foreign owned businesses, including companies owned by foreign governments,” and the editorial board of the New York Times is also sounding the alarm. The Times editors write that the election system is broken as a result of Citizens United and actions by Republicans in Congress and the FEC to weaken the remaining regulations of campaign finances:
Because the United States Chamber is organized as a 501(c)(6) business league under the federal tax code, it does not have to disclose its donors, so the full extent of foreign influence on its political agenda is unknown. But Tuesday’s report sheds light on how it raises money abroad. Its affiliate in Abu Dhabi, for example, the American Chamber of Commerce, says it has more than 450 corporate and individual members in the United Arab Emirates who pay as much as $8,500 a year to join.
Because of a series of court decisions that culminated in the Supreme Court’s Citizens United ruling earlier this year, these and similar 501(c) nonprofits have become huge players in the year’s election, using unlimited money from donors who have no fear of disclosure. (Not surprisingly, the chamber has been a leading opponent of legislation to require disclosure.) One such group, American Crossroads, organized by Karl Rove, announced on Tuesday a $4.2 million ad buy to support Republican candidates, bringing the group’s total spending to about $18 million so far.
The possible commingling of secret foreign money into these groups raises fresh questions about whether they are violating both the letter and spirit of the campaign finance laws. The Federal Election Commission, which has been rendered toothless by its Republican members, should be investigating possible outright violations of the Federal Election Campaign Act by foreign companies and the chamber.
Now, Minnesota Senator Al Franken is calling on the FEC to look into the Chamber’s finances, the Star Tribune reports:
Franken’s letter says that the Chamber’s mixing of funds under current FEC rules “is not per se illegal.” But he wrote that the company had to demonstrate that its foreign funds were not used for political purposes, and pushed the FEC to launch an investigation.
In addition, Franken’s letter asked the FEC to change its regulations allowing foreign companies to spend on elections — which is legal so long as the company is incorporated in the U.S. and creates a special election committee staffed by Americans.
Fifty years ago, the man who would become America’s first Catholic president delivered a historic speech that helped reduce anti-Catholic prejudice in our public life. Five decades later, a man who would like to be the nation’s second Catholic president celebrated the occasion by slamming Kennedy. It’s a remarkable reversal.
Former Senator Rick Santorum has been using the anniversary of then-presidential candidate John F. Kennedy’s famous address on church-state separation to decry the destructive forces of secularism that he says Kennedy unleashed. (People For the American Way is among Santorum’s targets.)
Santorum’s attack deserves attention, especially at a time when religious and political leaders, Santorum among them, are eagerly fanning the flames of religious intolerance. Much of Santorum’s recent speech – delivered in Houston on September 9 and reprised since then at events like Ralph Reed’s Faith and Freedom conference – is given over to repeated claims that Kennedy emboldened secularists who want a public square “cleansed of all religious wisdom and the voice of religious people of all faiths.” He says Kennedy’s speech launched a movement that is “repressing or banishing people of faith from having a say in government.”
These inflammatory claims are regularly advanced by Religious Right leaders who portray supporters of church-state separation as hostile to faith and religious liberty. But how can they be taken seriously?
Choose any topic that is being debated in the public square, and you’ll find people of faith advancing their values, probably on both sides of the issue – and not just on abortion and gay rights. Religious Right activists spouted Tea Party arguments about the evils of government while progressive religious leaders worked hard to promote health care reform. The Catholic hierarchy is among the religious organizations working to deny gay couples legal recognition while other religious groups like the Religious Action Center of Reform Judaism are working for full marriage equality. At the same time, the two groups are both lobbying for humane immigration reform.
It’s a complicated scene, and it’s a noisy one. Who has been silenced? Not Ralph Reed, who is bragging that he’s planning to mobilize conservative evangelical voters to turn Election Day into a historic rout for Democrats. And certainly not conservative Catholics like Santorum. At Reed’s Faith and Freedom conference, a panel included leaders of two groups organized to promote conservative Catholic values in the public arena – Catholic Advocate and Faithful Catholic Citizens.
There are situations that bring constitutional values into tension. America, via the Supreme Court and civil rights legislation, has decided (Rand Paul notwithstanding) that a business owner’s desire to discriminate against racial minorities does not trump other individuals’ right to equal access to public accommodations, even if the desire to discriminate was based on sincerely held religious beliefs. Courts and legislatures are wrangling with similar situations that consider religious beliefs about homosexuality, abortion, and contraception alongside LGBT Americans’ right to legal equality, and all Americans’ access to medical care.
But the fact that some court cases have gone against those seeking a religious exemption to a generally applied law is no grounds for claiming that religious people have been silenced, or no longer have the right to make their case in the public square. What Santorum seems to want is a kind of double standard: religious conservatives can take part in public debate but should be shielded from criticism. They can engage in legal and political advocacy, but if they lose they can claim the process has been stacked against them by sinister anti-religious forces.
Santorum argues that the secularist forces unleashed by Kennedy threaten peaceful coexistence and even put American civilization at risk. He says the founders believed that “if they fostered religion and the Judeo-Christian moral code we would achieve something that was never before seen in a country with so many competing faiths - a truly tolerant, democratic and harmonious public square.”
But Santorum himself is actively undermining the possibility for a “tolerant, democratic and harmonious” public square. He seeks political gain by branding his opponents as enemies of religious liberty. And he has played a significant role in inflaming an ugly anti-Islamic wave of public opinion that has resulted in fatal violence and could leave communities damaged and divided for years.
Santorum portrays himself as heroic, telling audiences, “I have been criticized in the media for daring to speak out on these sensitive moral issues.” That’s not true. Santorum is criticized not for “daring to speak out” but for saying things many people disagree with. Santorum has every right to denigrate the loving relationships of same-sex couples by comparing them to man-on-dog sex. But just as surely others have the right to criticize and even ridicule him for those statements.
The First Amendment is a two-way street. But that seems to be one truth that Santorum and his allies refuse to acknowledge.
Republicans in the U.S. Senate have already broken all records for unprincipled partisan obstructionism, preventing the administration from putting people into key positions in the executive branch, blocking judicial confirmations, and delaying and preventing Congress from dealing with important issues facing the nation, from financial reform to immigration. Now a bumper crop of far-right GOP candidates threatens to turn the "deliberative body"into a haven for extremists who view much of the federal government as unconstitutional and who are itching to shut it down.
Fueled by the unlimited deep pockets of billionaire anti-government ideologues, various Tea Party and corporate-interest groups have poured money into primary elections this year. They and conservative voters angry about the actions of the Obama administration have replaced even very conservative senators and candidates backed by the national Republican establishment with others who embrace a range of radically right-wing views on the Constitution, the role of government, the protection of individual freedoms, and the separation of church and state.
Recently, Religious Right leaders have been grousing that Republican candidates arent talking enough about abortion and same-sex marriage. But this report indicates that anti-gay and anti-choice activists have little to worry about, as the right-wing candidates profiled here share those anti-freedom positions even if theyre talking more about shutting down federal agencies, privatizing Social Security, and eliminating most of the taxes paid by the wealthiest Americans. A number of these candidates oppose legal abortion even in cases of rape or incest.
Sen. Jim DeMint of South Carolina is helping to lead the charge with his Senate Conservatives Fund. DeMint, an absolute favorite of both the Tea Party and Religious Right political movements for his uncompromising extremism on both economic and social issues, is at the far right fringe of the Republican Party and has committed himself to helping elect more like-minded colleagues. Sarah Palin, also popular among both Tea Party and Religious Right activists, has also injected her high-profile name, busy Twitter fingers, and PAC cash into numerous Senate races.
Among the right-wing insurgents who defeated candidates backed by national party leadership are Christine ODonnell of Delaware, Joe Miller of Alaska, Marco Rubio of Florida, Rand Paul of Kentucky, Sharron Angle of Nevada, Ken Buck of Colorado, and Mike Lee of Utah. Others, like Carly Fiorina of California, came through crowded primaries where right-wing leaders split their endorsements, but have now coalesced around her candidacy.
And thanks to the conservative Supreme Courts ruling in the Citizens United case, which said corporations have the same rights as citizens to make independent expenditures in elections, right-wing candidates across the board will be benefitting from a massive infusion of corporate money designed to elect candidates who will oppose governmental efforts to hold them accountable, for example environmental protections and government regulation of the financial industry practices that led the nation into a deep recession.
This In Focus provides an introduction to a select group of right-wing candidates who hope to ride a wave of toxic Tea Party anger into the U.S. Senate. The potential impact of a Senate with even half of these DeMint-Palin acolytes would be devastating to the Senates ability to function and the federal governments ability to protect the safety and well-being of American citizens.
Yesterday, PFAW released “After Citizens United,” documenting the torrents of money that have poured into the political system since the Supreme Court’s disastrous decision allowing corporations the same rights as people to influence elections.
Imagine my glee when I found an e-mail from Americans For Prosperity, one of the organizations profiled in the report, in my Inbox this morning:
People for the American Way,
You recently released a report where you parroted a false attack that has repeatedly been levied against Americans for Prosperity. Neither our operations nor our donors were affected in any way by Citizens United. Please see our release below in response to the President’s repeated misrepresentation of this important Supreme Court decision.
We’re always happy to hear feedback on our reports, even unsubstantiated criticism, so I figured AFP might appreciate some feedback on some of the work it's been doing.
Thanks so much for your note regarding our report.
We’d be more than happy to address your claims just as soon as you address a few concerns that we have.
As our report notes, AFP spent $750,000 on an ad claiming that “government-run health care” would harm cancer patients, especially women with breast cancer. PolitiFact gave the ad its “Pants on Fire” rating for distorting both new recommendations on mammograms and the Health Care Reform bill, which has a provision to “ensure that mammograms for women aged 40 to 50 would be covered,” and FactCheck called it “very misleading.” AFP should retract these ads.
AFP has also run ads concentrated on the Stimulus Plan, the American Clean Energy and Security Act, and Health Care Reform. AFP’s ads push the fictitious claim that Health Care Reform creates “Government Healthcare.” PolitiFact points out that “Obama’s plan leaves in place the private health care system, but seeks to expand it to the uninsured.” AFP should certainly retract these ads.
In addition, your group also misleads viewers by interpreting savings from waste and overpayment in the Medicare program as cuts affecting seniors. Americans for Prosperity also employs false attacks against the American Clean Energy and Security Act, and groundlessly blames the Stimulus Plan for increased unemployment, even though studies show that the Stimulus stopped the prolongation of the massive job losses which began under the Bush Administration. These claims should be clarified or retracted.
Also, while I have your attention, I’d be curious to get your take on the unethical and possibly illegal voter caging in Wisconsin in which AFP has been implicated. As you know, federal law prohibits racially targeted caging operations as well as the process of challenging voters based solely on returned mail. It seems appropriate for AFP to make public statements affirming the right of all American citizens to cast a vote and to dissociate itself from any attempts at voter suppression.
Once you’ve taken care of those issues, I’d be happy to arrange a time for our lawyers to go over our report with you.
With best wishes,
Director of Communications
People For the American Way
We’ll see if they write back.
In the mean time, read more about Americans For Prosperity, Club For Growth, the U.S. Chamber of Commerce and other organizations trying to buy the 2010 elections in “After Citizens United.”
Senator Sherrod Brown, in this morning's debate over the DISCLOSE Act, noted an article in today's Columbus Dispatch demonstrating the great need for this law:
Before a U.S. Supreme Court ruling in January, the most Cincinnati billionaire Carl Lindner could directly contribute to Senate candidate Rob Portman was $4,800.
But because of a decision opening campaigns to corporate contributions, Lindner's American Financial Group was able to give 83 times that amount, $400,000 ... to American Crossroads, a group that former George W. Bush adviser Karl Rove helped create to aid GOP candidates. In mid-August, American Crossroads launched a statewide TV ad backing Portman's Senate candidacy.
In this case, a newspaper exposed the corporate spending. But that disclosure to the voters is the exception, not the rule. DISCLOSE would change that - and that's why Senate Republicans are fighting it tooth and nail.
Michael Luo and Stephanie Strom of The New York Times profiled the rapid growth of political organizations that can receive unlimited contributions but do not have to disclose their donors. 501(c)(4) groups* have become more numerous, and unlike 527’s, do not have to reveal the sources of their funding, which is “arguably more important than ever after the Supreme Court decision in the Citizens United case earlier this year that eased restrictions on corporate spending on campaigns.”
“I can tell you from personal experience, the money’s flowing,” said Michael E. Toner, a former Republican F.E.C. commissioner, now in private practice at the firm Bryan Cave.
The growing popularity of the groups is making the gaps in oversight of them increasingly worrisome among those mindful of the influence of money on politics.
“The Supreme Court has completely lifted restrictions on corporate spending on elections,” said Taylor Lincoln, research director of Public Citizen’s Congress Watch, a watchdog group. “And 501(c) serves as a haven for these front groups to run electioneering ads and keep their donors completely secret.”
Almost all of the biggest players among third-party groups, in terms of buying television time in House and Senate races since August, have been 501(c) organizations, and their purchases have heavily favored Republicans, according to data from Campaign Media Analysis Group, which tracks political advertising.
These organizations are considered “social welfare” groups that are legally allowed to lobby on certain issues, but until Citizens United, were not permitted to explicitly urge voters to vote for or against a candidate. “As a result, rarely do advertisements by 501(c)(4) groups explicitly call for the election or defeat of candidates,” Luo and Strom write, “Instead, they typically attack their positions on issues.” That has changed dramatically since Citizens United, as seen in the rise of organizations like American Crossroads GPS. 501 (c)6 groups that are “business associations” like the US Chamber of Commerce and Americans for Job Security are “spending heavily in support of Republicans.”
But with weak and ineffective regulatory oversight, many of these political organizations disguised as “social welfare” groups can continue to hide their donors from the public eye:
In fact, the I.R.S. is unlikely to know that some of these groups exist until well after the election because they are not required to seek the agency’s approval until they file their first tax forms — more than a year after they begin activity.
"These groups are popping up like mushrooms after a rain right now, and many of them will be out of business by late November,” Mr. Owens said. “Technically, they would have until January 2012 at the earliest to file anything with the I.R.S. It’s a farce.”
Social welfare nonprofits are permitted to do an unlimited amount of lobbying on issues related to their primary purpose, but there are limits on campaigning for or against specific candidates.
I.R.S. officials cautioned that what may seem like political activity to the average lay person might not be considered as such under the agency’s legal criteria.
* People For the American Way is a 501(c)(4) organization.
People For's President, Michael Keegan, sent the following letter today to Virginia Governor Bob McDonnell, Minnesota Governor Tim Pawlenty, Minnesota Rep. Michele Bachmann, Indiana Rep. Mike Pence, former Arkansas Governor Mike Huckabee, and former Massachusetts Governor Mitt Romney, and Delaware Senate candidate Christine O'Donnell, all of whom are scheduled to appear this weekend at the Values Voter Summit, alongside the virulently anti-Muslim and anti-gay Bryan Fischer.
I am writing to express my concern about your appearance this weekend at the upcoming Values Voter Summit. Among the participants this weekend will be Bryan Fischer of the American Family Association. We urge you to publically denounce Fischer’s record of hate speech and extremism, and reconsider appearing beside him this weekend.
People For’s RightWingWatch.org blog has tracked Fischer’s career over the past several years. His long and prolific record of hate speech and extremism includes the following recent statements. Just in the past year, Fischer has:
Said: “Hitler discovered that he could not get straight soldiers to be savage and brutal and vicious enough to carry out his orders, but that homosexual solders basically had no limits and the savagery and brutality they were willing to inflict on whomever Hitler sent them after. So he surrounded himself, virtually all of the Stormtroopers, the Brownshirts, were male homosexuals.” (5/25/2010)
I am attaching the names of over 6,500 concerned citizens who have signed the following letter regarding your participation in the summit:
Values Voter Summit Participants:
Reasonable people can, and do, have reasonable differences of opinion. Bryan Fischer, of the American Family Association, is not a reasonable person.
By sharing a stage with Fischer at this year's Values Voter Summit, public figures acknowledge the credibility of his shameless anti-Muslim and anti-gay propaganda. Any candidate thinking seriously of running for president in 2012 should think twice about standing alongside a man who has called for the deportation of all Muslims in America; insulted Muslim servicemembers; claimed that brave Americans died in vain because Iraq was not converted to Christianity; and called gay people deviants, felons, pedophiles and terrorists. Bryan Fischer is no mainstream conservative. And neither is any person who shares a platform with him while refusing to denounce his hate-filled propaganda.
We urge you to denounce Fischer's extremism and separate yourself from his comments.
For more background on Fischer’s extreme rhetoric, please click here.
Fischer’s appearance with conservative leaders such as yourself lends his extreme hate speech credibility. We urge you to publicly denounce Fischer’s record and to think twice about sharing the stage with him.
Michael B. Keegan President, People For the American Way
Equal pay in America needed to be put back on track after the Supreme Court’s devastating Ledbetter v. Goodyear ruling, and the Lilly Ledbetter Fair Pay Act answered that call – as the first major milestone of the Obama Administration. Still, this new law cannot on its own do the job of eliminating the wage gap. Additional tools are necessary to bring equality to the workplace and prevent further disturbing incidents like the one that befell Lilly Ledbetter. Especially in this unsteady economy, people who are struggling to pay their bills shouldn’t have to worry about whether they are being discriminated against in the workplace. We need the Paycheck Fairness Act.
Today, People For the American Way and Public Citizen launched a new campaign to get the ball rolling on a Constitutional Amendment to kick corporate money out of elections.
In January, the Supreme Court overturned a policy that was more than a century-old to allow corporations to spend millions of dollars from their treasuries to influence elections. To get to that decision, in the case of Citizens United v. FEC, the Court determined that corporations have the same free speech rights as individuals.
This reasoning, and the conclusion it led to, have been soundly rejected by Americans across the political spectrum. A poll we commissioned last month found that 85% of Americans disagree with the Court’s conclusion that the First Amendment allows corporations to spend whatever they like on elections, and 77% wanted to amend the Constitution to undo it.
What’s more, 74%--including majorities of Democrats, Republicans, and independents-- said they’d be more likely to vote for a candidate who pledged to work for a Constitutional Amendment to undo Citizens United.
We saw this as a clear call to action. So we joined up with Public Citizen to create www.PledgeForDemocracy.org and start making a Constitutional Amendment a reality.
Here’s how it works. We’ve written up a pledge for federal candidates to sign, committing them to work towards a Constitutional Amendment to return our democracy to voters. It reads:
The Supreme Court's flawed decision allowing corporations to spend unlimited amounts to influence election outcomes endangers our democracy and threatens to drown out the voices of individual citizens. I pledge to protect America from unlimited corporate spending on our elections by supporting a Constitutional amendment to overturn the Supreme Court's decision giving corporations the same First Amendment rights as people.
If you support a Constitutional Amendment, contact your representatives and candidates in your area and urge them to sign the pledge. Then get back to us and let us know what they said. We’ll keep track of contacts to candidates and officials, and publicize which candidates sign the pledge and which refuse to sign it.
We know that elections belong to voters…it’s time for elected officials to show they agree.
The Washington Postis reporting that Wall Street contributions to Democratic campaign committees are markedly lower than this time in 2006 or 2008.
The drop in support comes from many of the same bankers, hedge fund executives and financial services chief executives who are most upset about the financial regulatory reform bill that House Democrats passed last week with almost no Republican support. ... This fundraising free fall from the New York area has left Democrats with diminished resources to defend their House and Senate majorities in November's midterm elections.
With Democrats seeking to impose reasonable regulations designed to protect the American people, this is no surprise.
The Republican Congress was a dream come true for the rapacious financiers who dragged our economy over a cliff, just as it was for all manners of giant corporations. We're seeing the results of the Republican ideology of allowing the most powerful industries to write their own laws and draft their own regulations. Not even the Supreme Court is immune, as a recent report from our affiliate People For the American Way Foundation demonstrates.
Deregulation has made the most powerful even more powerful, while the rest of us find ourselves more and more helpless against corporate behemoths.
Anyone who's spent an hour on hold waiting to get through to a large corporation knows who holds the power in our society, and it isn't us. These companies have been allowed to become so large that they can afford to mistreat their consumers in ways that no business would have gotten away with a generation ago.
Are you happy with the level of corporate influence on our politicians and on our lives? Do you wish you could make Big Business even stronger?
Or do you think it's time for Americans to retake control of our lives? If so, then it's time to act. Because the corporations aren't sitting this election out.
Here at PFAW, we were all eager to hear what Elena Kagan had to say in this week’s hearings, and have spent the past two days in the Senate hearing room or glued to CSPAN 3 listening to her testimony. We were all extraordinarily impressed, and PFAW this afternoon endorsed Kagan’s nomination to the Supreme Court. PFAW president Michael Keegan’s statement:
“The departure of Justice Stevens leaves a hole in the Supreme Court that will be difficult to fill. Throughout his career, Justice Stevens stood up for his belief that all people, no matter their situation, deserve a fair hearing in the courts. Judging by her record of service, her writing, and her testimony before the Judiciary Committee, Elena Kagan is the right person to fill that vacancy.
“Solicitor General Kagan gave the American people a sound and thoughtful lesson about the Constitution as a timeless document, brilliantly conceived by its framers to be interpreted over time in light of new situations and new factual contexts. Her testimony gave voice to a view of the Constitution and the role of judges in sharp contrast to Chief Justice Roberts’ misleading analogy to an umpire calling balls and strikes. And she refused to buy into the cramped and distorted view of the role of the judiciary in interpreting the Constitution that was pushed by some Republican Senators.
“Elena Kagan’s testimony made clear that she has the intellect and the command of the law to stand firm for a judicial philosophy that keeps faith with our Constitution--its amendments, its history, and its core values like justice and equality under the law.
“Instead of engaging in a serious debate however, some Republican Senators chose to lob dishonest attacks at General Kagan's support for our armed forces and, inexplicably, at her mentor Justice Thurgood Marshall. Justice Marshall was a passionate advocate for our Constitution, and it's thanks to him that all Americans have access to its protections. For Senators to repeatedly attack the man who helped our nation move past our shameful history of segregation would be foolish if it weren't just plain offensive.
“After carefully evaluating her record and her statements, People For the American Way is proud to support Elena Kagan's nomination to the Supreme Court.”
On Monday, People For the American Way Foundation signed on to an amicus brief urging the Supreme Court to reverse the Ninth Circuit’s decision to enforce a section of the Immigration and Nationality Act that imposes a greater residency requirement for unmarried citizen fathers to transfer citizenship to their children born abroad than on unmarried citizen mothers.
The statute permits unmarried citizen fathers to transmit citizenship only if they have lived in the U.S. prior to the child’s birth for ten years, five of them after the age of 14. Mothers, on the other hand, are only required to have lived in the U.S. for just one year prior to the child’s birth. The petitioner’s father was 16 when his son was born, making it impossible for him to meet the requirement of five years of residency after age 14. Mr. Flores-Villar filed suit on the grounds that the law violates the equal protection component of the Fifth Amendment’s due process clause.
PFAWF’s brief, authored by the National Womens’ Law Center, argues that such gender-based discrimination perpetuates the old stereotype that unwed fathers have less meaningful relationships with their children than do unwed mothers, and the Supreme Court has rejected the use of such stereotypes in justifying gender-based classifications. The classifications also do nothing to further the government’s stated objective of encouraging parent-child relationships, and in countries where citizenship is derived from the father, would render stateless the children of fathers who cannot meet the requirements.
If the Supreme Court were to uphold the Ninth Circuit’s decision, it would be ignoring over 30 years of Equal Protection jurisprudence to enforce a discriminatory law that perpetuates outdated stereotypes and is harmful to family relationships.
In today's 5-4 decision in Christian Legal Society v. Martinez, the Supreme Court correctly ruled that a publicly funded law school need not provide funding and recognition to a campus group with policies that discriminate based on religion and sexual orientation.
The University of California, Hastings College of Law, is a public institution with a viewpoint-neutral policy of recognizing and providing some funding to official student organizations, as long as the groups open their membership to all comers regardless of their status or beliefs. The campus Christian Legal Society (CLS) denies voting membership to those who do not subscribe to its religious beliefs, including those which condemn sex outside of heterosexual marriage. Because the CLS's discrimination on the basis of religion and sexual orientation violates the school's "all comers" policy, Hastings denied them official recognition.
All student groups, the CLS included, are subject to the same rules. But the CLS demanded – and the four arch-conservative Justices would have given them – a special favored status denied to other groups: the right to the funds and benefits of recognition from a public institution, along with an exemption from the rules that apply to any other group seeking those funds and benefits.
People For the American Way Foundation filed an amicus brief with other civil rights organizations in support of Hastings College of Law in the case. The brief emphasized that the Supreme Court has repeatedly upheld the right of the states to withhold public funding that would support discrimination. This is particularly relevant in the context of government-funded "faith-based initiatives," where conservative Christian groups are demanding the right to receive public funds and then use them to discriminate against gays and lesbians.
Had the four-Justice dissent carried the day, grave damage would have been done to the power of government to prohibit public funds from being used to forward invidious discrimination. Today is a victory for religious liberty.
The Supreme Court's 5-4 decision in Hobby Lobby says your boss's religion trumps your rights. We need to change the majority on the Supreme Court. But we can't do that if Republicans take over the Senate.