Freedom of Speech

Dirty Money Underwriting Pro-Romney Super PAC?

Although he voted to block the Senate from considering the DISCLOSE Act yesterday, Senator John McCain is usually a supporter of campaign finance reform. In an interview on PBS Newshour, McCain said that the astronomical contributions of Mitt Romney’s major financier, casino billionaire Sheldon Adelson, are particularly problematic because those contributions amount to foreign money influencing U.S. elections:

MCCAIN: Mr. Adeleson [sic], who gave large amounts of money to the Gingrich campaign and much of Mr. Adeleson’s casino profits, that go to him, come from this casino in Macau.

WOODRUFF: Which says what?

MCCAIN: This which says that obviously, maybe in a round-about way, foreign money is coming into an American campaign, political campaigns.

Regardless of where Adelson acquired his billions, a new report by ProPublica and PBS reveals that Adelson’s business dealings may have been improper or even illegal under the Foreign Corrupt Practices Act, complete with shady dealings with the Chinese mob and crooked politicians. As Think Progress summarizes, Adelson’s operation in Macau may have been made possible because of payments to Chinese organized crime figures:

Among the junket companies under scrutiny is a concern that records show was financed by Cheung Chi Tai, a Hong Kong businessman.

Cheung was named in a 1992 U.S. Senate report as a leader of a Chinese organized crime gang, or triad. A casino in Macau owned by Las Vegas Sands granted tens of millions of dollars in credit to a junket backed by Cheung, documents show.

Cheung did not respond to requests for comment.

Another document says that a Las Vegas Sands subsidiary did business with Charles Heung, a well-known Hong Kong film producer who was identified as an office holder in the Sun Yee On triad in the same 1992 Senate report. Heung, who has repeatedly denied any involvement in organized crime, did not return phone calls.

Because Nevada gambling authorities forbid doing any business with organized crime, Sands’s Las Vegas gambling licenses could hang in the balance. (Adelson and his company refused to comment for the PBS story.) But Adelson has other issues with his China operations.

Sheldon Adelson has pledged to give up to $100 million to unseat President Obama. But according to one of Adelson’s friends, he could spend far more than that: “We think ‘$100 million, wow!’ But it’s a meaningless amount of money to [Adelson].”

The system we have today allows for single individuals to give as much potentially money – clean or dirty – as they want to buy an election. This isn’t how democracy is supposed to work. Some sunlight is beginning to shine through on how Mitt Romney is benefitting from Sheldon Adelson’s shadowy dealings, but the extent of unaccountable money in our elections runs even deeper. Without a constitutional amendment to overturn Citizens United, the people will be unable to stop secret contributions by special interests, no matter where the money comes from.

PFAW

For DISCLOSE Before They Were Against It

The DISCLOSE 2012 Act is a simple and seemingly-unobjectionable proposal that would require outside groups spending money in elections to disclose their donors and help inform the American people as to who is trying to sway their votes. Yet the proposal faces a slim (read: zero) chance of passage in the Senate this week. It even had partisan support when it was introduced first introduced in 2010 as a response to the Supreme Court’s flawed Citizens United decision, and Republican support for general campaign-related expenditures dates back many years.

Not anymore. The Huffington Post notes that there are 14 Republican senators serving since 2000 who previously voted for disclosure, but today would rather protect the anonymity of wealthy special interests and corporations than shed light on the funders of today’s endless barrage of attack ads.

These Senators have been whipped into line by Minority Leader Mitch McConnell (who was undoubtedly whipped into line by wealthy special interests and corporations who write big checks to Republicans, and would prefer to continue to do so in secret). Senator McConnell himself has flip-flopped on the issue:

Sen. McConnell in 2000: “Why would a little disclosure be better than a lot of disclosure?”

Sen. McConnell in 2012: “[Disclosure is] a cynical effort to muzzle critics of this administration and its allies in Congress.”

The Sunlight Foundation has put together a video “depicting” other Republicans’ contradictory statements on the DISCLOSE Act. Watch it here:

 

PFAW

DISCLOSE Act to Get Senate Vote

Next week, the Senate will vote on the DISCLOSE Act, which would bring much needed transparency to the corporate and special interest money that allows the wealthiest few to take over our airways and coöpt our elections. Since the Supreme Court’s 2010 Citizens United decision, corporations have been able to spend freely from their treasuries to overpower the voice of the American people.

While a constitutional amendment to overturn Citizens United or a change to the composition of the Supreme Court are the only ways to completely reverse that decision, the DISCLOSE Act is a strong step in the right direction.

It’s not a new idea. First introduced in 2010 in response to Citizens United, the bill would require groups airing election ads to disclose the source of the money. Because ads can be misleading, it is essential to for voters to know who is behind them in order to properly evaluate the constant inundation of political messages. It is a simple step to increase transparency in our elections.

Of course, the GOP blocked it.

Republicans in Congress weren’t always opposed to disclosure. Senate Minority Leader Mitch McConnell once said, way back in 2000, “Why would a little disclosure be better than a lot of disclosure?” Yet after Citizens United, he’s dramatically changed his tune, calling disclousre “a cynical effort to muzzle critics of this administration and its allies in Congress.”

The Republicans’ change in tune isn’t surprising, considering that outside spending overwhelmingly favors the GOP.

PFAW

Republican Fundraiser Illustrates the Sham of "Non-Coordination"

Mitt Romney raised a lot of money this weekend at a gala fundraiser in the Hamptons, where guests such as the Koch brothers paid up to $50,000 to attend. But according to the Huffington Post, one particular presence that weekend was not on the official guest list: Karl Rove.

Rove was in town to speak at a luncheon promoting his super PAC, American Crossroads, and his affiliated nonprofit group. Because American Crossroads spends its contributors’ unlimited donations on ads supporting Mitt Romney (or attacking President Obama), the Romney campaign and Rove are prohibited by law from “coordinating” with each other.

As far as the law is concerned, however, “coordination” is defined narrowly at best. With the Romney event unable to sponsor Rove’s luncheon, Solamere Capital, a private equity firm founded by Romney’s son Tagg along with Romney’s chief fundraiser Spencer Zwick, footed the bill. Many of the attendees at Rove’s luncheon, scheduled the day before the official retreat weekend, were also at the campaign fundraiser. As one fundraiser who was at the retreat noted, “It was not a coincidence that the Solamere conference took place in the same city just before the retreat began.”

Thanks to Citizens United, corporations and wealthy individuals and special interests can bypass the $2,500 maximum that campaign committees can accept and instead give unlimited amounts to super PACs like American Crossroads, which in turn spent about $300 million this year to support the GOP. Although in its flawed ruling the Court may have intended such outside groups to be independent, the facts just don’t support that notion:

"This kind of activity [by Rove] is the last thing the Supreme Court had in mind when it ruled that spending by an outside group had to be 'totally independent' and 'wholly independent' from a candidate the group is supporting with expenditures," Fred Wertheimer, the president of Democracy 21, said in an interview. "The FEC lives in a pure fantasy world in the way it attempts to define coordinated activities as not being coordinated activities."

Citizens United has left us in quite a campaign finance mess – and a constitutional amendment to overturn that decision and related cases is the only path forward to fairer and more transparent elections.

PFAW

PFAW Staff Video on PeoplesTestimony.com

Under the banner of United For the People, a new web platform launched today to collect and amplify the growing grassroots movement in America that is calling for a constitutional amendment to overturn the Supreme Court’s flawed 2010 decision in Citizens United and restore the balance of influence in our elections to the people.

At www.peoplestestimony.com, the American people, good government organizations and elected officials can record a short video about how their lives are affected by money in politics and the outsized influence in our elections enjoyed by corporations and wealthy special interests – and what we can do about it.

Here is one such video, by PFAW staff:

 

To see the rest, and to find out how to submit your own video, visit www.peoplestestimony.com.

PFAW

United Conference of Mayors Calls for Overturning Citizens United

At their annual conference in Orlando, the U.S. Conference of Mayors unanimously passed a resolution in opposition to the Supreme Court’s decision in Citizens United, which opened the floodgates to unlimited corporate and special interest spending on elections. Citing Justice John Paul Stevens and the dissenters in the Citizens United case, the mayors’ resolution declares the need to “broaden the corruption rationale for campaign finance reform to facilitate regulation of independent expenditures regardless of the source of the money for this spending, for or against a candidate.” Finding compelling “fundamental interests” in “creating a level playing field and ensuring that all citizens, regardless of wealth, have an opportunity to have their political views heard,” the Conference of Mayors resolves that corporations should not receive the same legal rights as natural persons and that “urgent action” be taken to reverse the impacts of Citizens United in opening the door to unlimited independent campaign expenditures by corporations that undermines “free and fair elections and effective self-governance.”

The resolution calls on other communities, jurisdictions and organizations to pass similar resolutions. So far over, over 250 municipalities have already passed resolutions calling for amending the Constitution to overturn Citizens United and related cases and returning the power to influence our elections to the people. And more than 1600 public officials have gone on record in support of constitutional remedies to overturn the decision. More than 100 organizations have come together under the umbrella of United For the People to press for amending the Constitution to address the harm caused by Citizens United and related cases.

PFAW

Supreme Court Reverses MT Court, Affirms Flawed Citizens United Decision

Any hope that the Supreme Court would reconsider the disastrous Citizens United decision was dashed this morning, when the Court in a 5-4 decision summarily reversed a Montana Supreme Court decision on campaign finance without even hearing oral arguments. Rather than acknowledge the obvious damage done to our democracy in the 2½ years since Citizens United was decided, the five arch-conservatives solidified the distorted electoral playing field they created that lets the powerful few overwhelm the rest of America in deciding our elections.

Citizens United struck down federal restrictions on corporate independent expenditures to support or defeat a candidate based on two premises: (1) the First Amendment gives corporations the same First Amendment right as people to make independent expenditures to influence elections; and (2) independent expenditures do not give rise to corruption or the appearance of corruption. But late last year, the Montana Supreme Court upheld that state’s restrictions on corporate independent expenditures, citing its unique history of political corruption and the many factors that distinguish state and local races from the federal races at issue in Citizens United.

Although the U.S. Supreme Court quickly granted a request to stay that decision as likely at odds with Citizens United, two Justices pointed out the opportunity the Montana case raised to re-examine Citizens United’s faulty factual assumptions:

Montana's experience, and experience elsewhere since [Citizens United] make it exceedingly difficult to maintain that independent expenditures by corporations "do not give rise to corruption or the appearance of corruption." A petition for certiorari will give the Court an opportunity to consider whether, in light of the huge sums currently deployed to buy candidates' allegiance, Citizens United should continue to hold sway.

Today, due to Citizens United and its progeny, political candidates’ top staffers go off to form purportedly independent “super PACs” to accept the multi-million dollar checks that the formal campaign cannot legally accept. Karl Rove and his allies are planning to raise $1 billion, much of it anonymously given, to impose Republican control over all levers of the federal government. Organizations like the Chamber of Commerce funnel millions upon millions of dollars from corporate coffers to buy up the airwaves, refusing to disclose to the American people who is paying for the political advertising they are bombarded with.

Even when wealthy donors hide their identity from the American people, they make themselves known to the candidates who benefit from their largesse. No one doubts their influence over the officials who they put into office – and who they could turn their millions of dollars against if crossed.

No one who has seen the transformation in our democracy in the past 29 months could possibly believe that “independent expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption.” This basic factual assumption underlying Citizens United has been shown to be incorrect.

As Justice Breyer said in his dissent from the Court’s decision:

“[M]ontana’s experience, like considerable experience elsewhere since the Court’s decision in Citizens United casts grave doubt on the Court’s supposition that independent expenditures do not corrupt or appear to do so.”

The Montana case was the Court’s chance to right a terrible wrong and take our country off a dangerously anti-democratic path. History will remember this as a great opportunity lost to the American people.

PFAW

PFAW Panel on Constitutional Amendment at Take Back the Dream

At this week’s “Take Back the American Dream” conference, Representative Keith Ellison, Missoula City Councilman Jason Weiner, Rev. Barry Hargrove, and Maryland State Senator and Constitutional Law Professor Jamie Raskin joined PFAW’s Marge Baker for a panel discussion entitled “Overturning Citizens United: A Movement Mandate,” to discuss the growing grassroots momentum at the local, state and federal levels for a constitutional amendment to overturn the Supreme Court’s flawed 2010 decision.

The standing-room only audience heard about a groundbreaking statewide ballot initiative in Montana calling for overturning the Citizens United decision by amending the Constitution, as well the pending Supreme Court decision on whether to hear the Montana State Supreme Court case giving the high court the opportunity to reconsider its decision. Panelists discussed the underlying need for amending the Constitution as the only effective way to reverse the harm caused by the Supreme Court in Citizens United. As put by Jamie Raskin, who is also a PFAW Senior Fellow, “For the sake of ‘We the People’ and our democracy, all corporate money is foreign money.”

The panel examined how this fight has galvanized the progressive movement as a whole, from jumpstarting voter registration drives to increasing general interest in politics and civic engagement.

PFAW

Context for the Effects of Citizens United

The Supreme Court’s Citizens United decision is commonly criticized by good government advocates because it has led to countless wealthy individuals and corporations making unlimited contributions in unprecedented amounts to groups attempting to sway electoral outcomes, often anonymously. As a result, those with means are able unfairly amplify their voices above that of average Americans.

To appreciate the magnitude of the ruling’s anti-democratic effects, it is important to consider the sheer amount of money that it takes to be a player in the Super-PAC game.

Sheldon Adelson, one of the world’s richest men with a far-right personal political agenda, plans to contribute upwards of $71 million in this election cycle, according to the Huffington Post. He is so determined to unseat the president that, after sinking $21.5 million on Super PACs supporting Newt Gingrich’s failed run, he is ready to refocus his efforts and spend similarly astronomical sums to support groups in favor of Mitt Romney and Republican congressional candidates.

His influence is real – $71 million can buy a lot of TV advertising, and ads funded by Super PACs and 501c4 groups can be particularly nasty because they are not officially “accountable” to a candidate. Average Americans, even those who can afford to contribute toward their preferred candidate, simply cannot compete on this scale. According to a friend of Adelson, “We think ‘$100 million, wow!’ But it’s a meaningless amount of money to him.”

In an interview with Forbes, Adelson acknowledged the reality that his extraordinary wealth allows him to influence elections in ways he otherwise couldn’t, in ways which ordinary Americans cannot. He doesn’t even think it’s a good thing, but that hasn’t stopped him: "I'm against very wealthy people attempting to or influencing elections," he said. "But as long as it's doable, I'm going to do it."

The only way to make hijacking our elections no longer “doable” is with a constitutional amendment to overturn Citizens United. To anyone without a spare $100 million, the need couldn’t be clearer.

PFAW

Citizens United Continues to Stack the Deck

Two short paragraphs from a Wall Street Journal article about billionaire casino mogul Sheldon Adelson’s political contributions vividly illustrate the damage to democracy done by the Supreme Court’s Citizens United decision:

Mr. Adelson has told friends that he intends to give at least $100 million to conservative causes and candidates this election cycle. He contributed some $250,000 to Republican Gov. Scott Walker of Wisconsin, who just won against a labor union-forced recall election there.

But he has also told his friends and colleagues that he would prefer to keep his contributions under wraps in order to avoid controversy, and will likely focus donations mostly on non-profits affiliated with political PACS, which don’t have to disclose the names of donors. He is expected to donate to the conservative non-profit Crossroads GPS, which was founded by Republican strategist Karl Rove, a longtime friend of Mr. Adelson, according to Republican fundraisers.

The article was prompted by recent revelations that Mr. Adelson donated $10 million – the largest amount single donation so far – to a super PAC supporting Mitt Romney.

Adelson is credited for single-handedly keeping Newt Gingrich’s presidential campaign afloat (for a while, at least), and he has long been pressured by Republican fundraisers to support Mr. Romney. Thanks to Citizens United, one very wealthy individual has the power to donate unlimited amounts to super PACS that are unaccountable to the public. And, as is the case with special interests who try to use their enormous wealth to skew elections, Adelson would prefer to keep his activities a secret so no one even knows who’s buying the race. Thanks to Citizens United, he can do exactly that.

PFAW

Allen West's "American Way'

Congressman Allen West (R-FL) is out with a new ad this week. Set to soaring, dramatic music, the Congressman tells the story of his upbringing and how describes how his father gave him the opportunity live the American Dream. He runs through typical Republican talking points calling for tax cuts and slashing services, and laments the failings of Washington. It’s standard campaign-ad fare, and he concludes by stating “I’m just getting started; that’s the American Way.”

However, West’s record suggests that his notion of the “American Way” is rather at odds with the Constitution’s promise of freedom and equality for all.

The First Amendment guarantees the freedom of religion for all Americans, and Article VI of the Constitution states that “no religious test shall ever be required as a qualification to any office or public trust under the United States.” But West thinks that Representative Keith Ellison (D-MI), a practicing Muslim, represents the "antithesis of the principles upon which this country was established." He also harbors some vehemently anti-Islamic ideas.

America is a country that values free speech and open debate. Yet West has a habit of resorting to calling his colleagues who disagree with him Communists. Liberals, he said, can just “Get the hell out of the United States of America.” 

Freedom of the press doesn’t seem to be high on his list either. He once called for censoring American news agencies for publishing information about the government’s activities.

West believes America is a land of opportunity – something to which he owes his own success – but “equality” and “fairness” somehow fly in the face of liberty. Marriage equality, he says, is not only un-American but will destroy society as we know it.

Congressman West may have produced a slick ad, but the agenda he pushes in Congress would increase inequality, harm working families, destroy core constitutional liberties and cripple Americans’ ability to address pressing problems through government. That’s not the American Way.

PFAW

New Report Grades States' Response to Citizens United

A new report by the Corporate Reform Coalition released this morning grades each state's response to the Supreme Court's decision in Citizens United, the flawed decision that opened the floodgates to unlimited, undisclosed spending by corporations and special interests to influence our elections. The decision forced 22 states to reexamine their laws on the books that limited such expenditures.

The report, "Sunlight State By State After Citizens United," examines how many states either repealed their corporate expenditure bans or declared them unenforceable in the wake of Citizens United. Montana is the notable exception, claiming that its law is still valid. That claim will be reviewed by the Supreme Court.

Other states have adopted more creative approaches to ensure that the public is informed about the outsized influence in our elections that corporations try to buy with their vast treasuries. For example, Alaska, California and North Carolina require the disclosure of the top contributors to political ads, and Iowa requires that shareholders be directly informed of corporate political spending.

The Corporate Reform Coalition, which is composed of more than 75 good-government groups seeking to combat undisclosed money in elections, evaluated each state's response to the Citizens United decision by scoring disclosure requirements related to political spending. While only a constitutional amendment to reverse the Court's decision can undo the damage of Citizens United, disclosure requirements are an important step toward a more transparent democracy.

AK, CA, CO, HI IA, IL, MA, NC, SD, VT, WA, WI and WV all received the top score. IN, SC, WY, NY and ND received the lowest scores.

You can read the report here.

PFAW

Super PACs Make 2008 Look Like Child's Play

In total, the candidates in the 2008 presidential election spent just over $1 billion on their campaigns. Just four years ago, President Obama raised $750 million, primarily via small donations from grassroots supporters. But the landscape looks pretty different in 2012: that amount will be surpassed by just a handful of GOP patrons and super PACs alone.

Made possible by the Supreme Court’s decision in Citizens United, dark money organizations like Restore Our Future and American Crossroads will raise and spend virtually unlimited amounts to prop up Mitt Romney and the rest of the Republican ticket. Politico notes that American Crossroads and the affiliated Crossroads GPS, a Karl Rove brainchild, is expected to spend up to $300 million. That’s almost as much as John McCain spent on his entire 2008 run.

The bulk of campaign expenditures go to advertising – and $1 billion certainly buys a lot of airtime. Thanks to Citizens United, this elite group of financiers can buy the loudest, most far-reaching voice in the 2012 elections. The amount collected by Super PACs and 501 c(4)s dramatically dwarfs traditional party and direct-campaign fundraising, which is the mechanism by which the grassroots are able to contribute to the process. The contrast is stark:

Restore Our Future, the pro-Romney super PAC, spent twice as much on the air as the campaign did in the thick of the primaries: Through March, the campaign had put $16.7 million into TV, while ROF shelled out $33.2 million.

In Florida, the super PAC outspent the campaign, $8.8 million to $6.7 million. (The campaign can get more spots per dollar because of more favorable rates.) In Michigan, it was $2.3 million to $1.5 million. In Ohio, ROF outspent the campaign, $2.3 million to $1.5 million.

The Citizens United decision has granted the 0.01% more leeway to try to buy our democracy than ever before. The sheer numbers make the need for constitutional remedies to overturn that decision and restore the balance of influence in our elections to everyday Americans is more apparent than ever.

PFAW

Citizens United Turns 2012 Race into Billionaire's Playground

If there was any question that the Supreme Court’s decision in Citizens United skews the balance of influence in our elections to the rich, an analysis by Rolling Stone shows that the real beneficiaries of the decision are really the very very rich. This profile of the 16 donors who have given at least $1 million to super PACs supporting Mitt Romney, including hedge fund managers, hotel tycoons, oil barons and of course, William Koch, reveals who is making the biggest impact in the presidential election.

In a democracy, we should be electing those who represent vast swaths of the American people. But one thing is clear: the special interests propping up Romney’s campaign have very little in common with average Americans. As Rolling Stone notes:

Most of the megadonors backing his candidacy are elderly billionaires: Their median age is 66, and their median wealth is $1 billion. Each is looking for a payoff that will benefit his business interests, and they will all profit from Romney's pledge to eliminate inheritance taxes, extend the Bush tax cuts for the superwealthy – and then slash the top tax rate by another 20 percent. Romney has firmly joined the ranks of the economic nutcases who spout the lie of trickle-down economics.

How are these individuals able to throw so much of their wealth into the race? Essentially, Citizens United allows individuals and corporations to skirt the caps on contributions to campaign treasuries by funneling money through entities like Super PACs and 501c4 organizations:

Under the new rules, the richest men in America are plying candidates with donations far beyond what Congress intended. "They can still give the maximum $2,500 directly to the campaign – and then turn around and give $25 million to the Super PAC," says Trevor Potter, general counsel of the Campaign Legal Center. A single patron can now prop up an entire candidacy, as casino magnate Sheldon Adelson did with a $20 million donation to the Super PAC backing Newt Gingrich.

It’s unlikely that these donors are throwing so much money into the race solely for bragging rights – they certainly have agendas of their own. Most of the individuals profiled in the article stand to benefit from Romney agenda: more tax cuts to the rich, lax regulation of Wall Street and other industries, a hamstrung E.P.A, lucrative government contracts – and their outsized contributions demonstrate their belief that money buys influence. Citizens United exacerbated this unfortunate reality. At least that can be fixed by the people, with an amendment to the Constitution.

PFAW

Big Business: We'll Spend Big Money on Elections

The U.S. Chamber of Commerce plans to take full advantage of the Supreme Court’s Citizens United decision to push its right-wing agenda, according to its president, Tom Donohue. As reported by USA Today, Donohue told reporters at a breakfast hosted by the Christian Science Monitor earlier this week that under that decision, the Chamber can and will run “an aggressive program” and will not disclose its donors.

Donohue also suggested that estimates that the business group would spend $50 million on the 2012 elect were too low. Thanks to Citizens United, individuals, corporations and organizations like the Chamber of Commerce can make unlimited, often anonymous expenditures on ads supporting or attacking candidates. Until that decision is overturned, disclosure rules would at least shed light on the process and give Americans insight into who is using their wealth to disproportionately influence elections.

But that’s not how Donohue sees it: “The disclosure thing…is all about intimidation.” While requiring disclosure might makes sense on the surface, he said, “in this instance you become a target.”

Americans deserve to know who’s trying to buy their elections. Even far-right Supreme Court justice Antonin Scalia knows that "Democracy requires a certain amount of civic courage." Donohue’s demand that corporate entities be allowed to pour money into elections without having to show their faces makes his agenda perfectly clear: it’s not about democracy or free speech, it’s about maximizing corporate profits by any means necessary.

PFAW Foundation

Bipartisan Call to Re-examine Citizens United

As the Supreme Court decides whether or not to hear a challenge to Montana’s prohibition on corporate independent expenditures to affect state elections, Senators John McCain (R-AZ) and Sheldon Whitehouse (D-RI) urged the court to let the Montana law stand, according to a report in Roll Call. Since that decision was handed down, super PACs have spent close to $100 million in this election. It’s time to take another look at the system and restore the balance of power to the people.

In the wake of Citizens United, the 2010 Supreme Court decision that opened the floodgates to unprecedented, unlimited corporate spending on politics, municipalities across the country have enacted resolutions calling for a constitutional amendment to overturn the decision. Passed before the Supreme Court’s decision, Montana has refused to stop enforcing its clean elections laws. Three corporations have filed a challenge, claiming the law is invalid under the Court’s ruling.

The Court can and should use this case as a means to full re-examine the Citizens United decision. Justice Ruth Bader Ginsburg acknowledged that the case presents the Court with an opportunity to re-examine the Citizens United case. “A petition for certiorari will give the court an opportunity to consider whether, in light of the huge sums currently deployed to buy candidates’ allegiance, Citizens United should continue to hold sway,” Justices Ginsburg, joined by Justice Stephen Breyer, wrote in a statement.

Senator McCain is a longstanding proponent of campaign finance reform, and Senator Whitehouse is a supporter of a constitutional remedies to overturn Citizens United. Together they filed an amicus brief, echoing the justices’ concerns: “Evidence from the 2010 and 2012 electoral cycles has demonstrated that so-called independent expenditures create a strong potential for corruption and the appearance thereof. The news confirms, daily, that existing campaign finance rules purporting to provide for ‘independence’ and ‘disclosure’ in fact provide neither.” Representative Chris Van Hollen (D-MD), Montana Attorney General Steve Bullock and others also filed briefs urging the Court to either let the Montana ban stand or re-examine the Citizens United Ruling. A decision as to whether to hear the case is expected by June.

The Supreme Court was wrong when it decided that corporations should be able spend their vast treasuries on elections. The State of Montana is providing a welcome chance to fix that mistake.

PFAW

A Look at Citizens United in Practice

Since the Supreme Court’s decision in Citizens United, election watchers have predicted that the influx of unaccountable and often anonymous election spending would lead to a dramatic increase in dirty, dishonest attack ads. A report by the New York Times confirms those fears. High-profile Republican strategists for a super PAC funded by TD Ameritrade founder Joe Ricketts created a proposal titled “The Defeat of Barack Hussein Obama: The Ricketts Plan to End His Spending for Good,” which lays out an aggressive character attack against the President. Focusing on his former pastor, the Rev. Jeremiah A. Wright Jr., the ads will seek to portray the President as unfit to lead because of his formative experiences – a strategy that his 2008 opponent, Senator John McCain, refused to authorize. Even Mitt Romney has avoided such attacks, believing that they would backfire – but unaccountable super PACs are not necessarily taking it off the table:

“Our plan is to do exactly what John McCain would not let us do: Show the world how Barack Obama’s opinions of America and the world were formed,” the proposal says. “And why the influence of that misguided mentor and our president’s formative years among left-wing intellectuals has brought our country to its knees.”

How can one person’s extreme opinion make its way to aerial banners flying over the Democratic Convention, outdoor advertisements and television screens across the country?

“Joe Ricketts is prepared to spend significant resources in the 2012 election in both the presidential race and Congressional races,” said Brian Baker, the president and general counsel to Mr. Ricketts’ super PAC, called the Ending Spending Action Fund. “He is very concerned about the future direction of the country and plans to take a stand.”

Thanks to his wealth and Citizens United, he can do just that. Unfortunately, average Americans don’t have this luxury, and our democracy suffers greatly as a result.

Following the outcry in response to today’s article, Mr. Ricketts issued a statement claiming he had never approved the plan and disavows the type of politics it represents, saying that the proposal “was never a plan to be accepted but only a suggestion for a direction to take.” Nonetheless, the critical harm posed by Citizens United is clear. Just because Mr. Ricketts chose not to run this attack ad doesn’t mean that someone else won’t. The need to amend the Constitution to overturn Citizens United to protect our democracy from the lopsided influence of wealthy special interests is even more clear today.

PFAW

New CMD Report Reveals ALEC's Influence in Wisconsin

The Center for Media and Democracy released a new report today detailing the American Legislative Exchange Council’s influence in Wisconsin’s laws. At a time when ALEC members are jumping ship thanks to increased exposure of the ALEC agenda – 14 corporate members and 45 legislative members so far – this report serves as yet another window into ALEC’s shadowy, undemocratic method of ushering an extreme, pro-corporate agenda into law.

With the loyal help of Governor Scott Walker and a slew of complicit state legislators, ALEC has successfully implemented much of its corporate wish list in the state, including union-busting and corporate tax giveaways. According to the report, in Wisconsin:

• 32 bills or budget provisions reflecting ALEC model legislation were introduced in Wisconsin's 2011-2012 legislative session;

• 21 of these bills or budget provisions have passed, and two were vetoed;

• More than $276,000 in campaign contributions were made to ALEC legislators in Wisconsin from ALEC corporations since 2008;

• More than $406,000 in campaign contributions were made to ALEC alumnus Governor Walker from ALEC corporations over the same time period for his state campaign account;

• At least 49 current Wisconsin legislators are known ALEC members, including the leaders of both the House and Senate as well as other legislators holding key posts in the state. Additionally, the Governor, the Secretary of the Department of Administration, and the Chairman of the Public Service Commission are ALEC alumni; and

• At least 17 current legislators have received thousands of dollars of gifts cumulatively from ALEC corporations in the past few years, in the form of flights and hotel rooms filtered through the ALEC “scholarship fund” (complete “scholarship” information is not available).

People For the American Way Foundation has contributed to similar reports covering ALEC’s influence in Ohio and Arizona, and work continues to shine light on how ALEC paves the way for a state-by-state corporate takeover of our democracy.

PFAW Foundation

Educators Dismiss ALEC

The National Association of Charter School Authorizers (NACSA) will not renew their membership in the American Legislative Exchange Council, the organization said in a statement released on Tuesday. NACSA is the third major educational organization to drop their association with ALEC, joining Kaplan and the National Board for Professional Teaching Standards.

Both ALEC and NACSA support charter schools, but NACSA appears to have decided that ALEC’s extreme vision for charter school systems – which place corporate profitmaking above the needs of students, parents and communities – is out of touch with its mission to “advance excellence in public charters schools as a way to improve public education for all children.”

Rather than proposals designed to improve our public education system, ALEC’s model bills instead transfer public education funds into the hands of private corporations. Such proposals include voucher programs and publicly funded subsidies for religious and other private schools. ALEC’s Education Accountability Act would allow a state to override the elected school board and declare schools “educationally bankrupt,” then divert its funds to private schools. Of course, ALEC’s assault on public education wouldn’t be complete without attacks on teachers, school personnel and basic educational standards.

Just as important, there was never a legitimate reason for NACSA to support an organization that promotes legislation that attacks working families, rolls back consumer rights, blocks access to courts of law and disenfranchises thousands of eligible voters.

It’s not surprising that NACSA and other educators have concluded that ALEC is far more trouble than it’s worth.

PFAW