Supreme Court lifts corporate campaign restrictions on independent attack ads, and the world after Spenser

The earth shifted this week, and it will take a while to catch up with the events.

The most important shift comes as the result of the U.S. Supreme Court decision that opens the floodgates and lets corporate money pour into elections in a big way.

Here’s a roundup of news coverage and analysis of the opinion by a blog that covers the Supreme Court. Even more details can be found via Oyez.org.

While the decision does not appear to legalize unlimited corporate contributions to candidates, it does mean that “independent” advertising for or against candidates will no longer be restricted.

A reader’s email yesterday suggested that the decision opens the door for foreign-owned corporations to play a larger role in American politics.

I think the answer is, “Yes, but…”

Generally, foreign nationals are prohibited from any role in U.S. elections, and U.S. subsidiaries of foreign corporations are subject to those same restrictions if the foreign corporate owner administers, funds, or solicits funds for those political activities, or if any foreign nationals serve as officers or make decisions for a political action committee funded by U.S. employees. These restrictions on foreign nationals are described in an FEC brochure.

The court decision expands ability of corporations to pay for political ads and other activities with treasury funds, but doesn’t change the restrictions on foreign nationals, as far as I can tell.

And, as I understand it, the Supreme Court did uphold the disclosure requirements of the law. A small victory in a losing battle against money and corporate power.

The other earthshaking event, in my book at least, was the unexpected death of novelist Robert Parker, creator of the Spenser series of detective novels, who suffered a heart attack at his desk while working on his latest novel. I freely admit to devouring all of Parker’s books, good and bad, and rereading many. I have long been in awe of his sparse style of writing, short paragraphs, lean language, but somehow each word carefully chosen and arranged to convey maximum information in the fewest possible words. I often read and reread the first page or two of one of his novels just for the rush of words that entrap the reader in a story before you even know it.

News reports say there are several more of his books in the publishing pipeline. A silver lining on a dark cloud.


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6 thoughts on “Supreme Court lifts corporate campaign restrictions on independent attack ads, and the world after Spenser

  1. Bill

    A series of full page advertisement in the newspaper, combined with multiple radio spots, and multiple television spots can be just enough to push the public over the top on an issue like rail transit. I seem to recall some of the funding for such a recent campaign actually came from taxpayer money.

    So, despite all the recent weakening, mainstream media still holds the cards. That is why participation from regular folks through the internet is as important as ever. In addition to that, we need to grow and foster a culture of reason and sound analysis among regular folks.

    Keep up the good work here!

    Reply
  2. Reader

    Robert B Parker will definitely be missed. One of my favorites also. I’m #264 on the request list at the State Library for his newest. There must be many more fans in Hawaii!

    Have you read Dick Francis? Another favorite….

    Reply
  3. ohiaforest3400

    I really, really want to believe that the prohibition on contributions by foreign nationals will suffice to mute the effect of the Court’s decision but it won’t. Not even close.

    While a categorical prohibition on corproate contributions sets a bright, enforceable lines, the scheme of FEC regulations to which you refer will amount to death by a thousand cuts. Each one will be worked around and nothing will change. Or perhaps a more apt analagy would be a dike with with 1,ooo holes in it. We, the kittle boy, only have ten fingers.

    I have no doubt that even if a foreign national has no documented role, control, influence, etc. over a domestic corporation that, one that actually has that role, etc. will be calling the shots. Put aside any direct contribution/expenditure and look at the influence the Chinese, for example, can wield thru, say, WalMart or some other American corporation that is heavily reliant on China. Do you think for a moment that WalMart will hestitate to spend large sums pimping for the Chinese if it’s in their own economic interest?

    Finally, preservation of the disclosure is something, but not very much. Small print or a voiceover at the end of a visually and aurally arresting ad will entirely escape the attention of the passive couch potato who absorbs information from the TV like an intravenous drug and comprises the vast majority of the American electorate.

    We need something like a constitutional amendment to limit the “personhood” of corporations or even to limit the First Amendment to “natural persons.”

    Short of that, we’re SCREWED.

    Reply
    1. Aaron

      Amen to that. The idea that corporations and unions should have the same rights as individual people is insane. People join and patronize these organizations for various reasons, but rarely is it their intent to support the election of specific politicians.
      Be prepared to navigate massive boycott lists as the corporate cash starts to flow into politics.

      Reply
  4. ohiaforest3400

    To link this to a related issue, there is not one mention on the Advertiser’s website of this historic decision, altho’ Rep. Corinne Ching’s 4th annual tour of historic Nuuanu sites is still listed as “breaking news” after two days. On the other hand, you have the print edition, which didn’t run the story until page 3, and then devoted fewer column inches than to the story about former Sen. John Edwards admission that he fathered the child produced by a much publicized affair.

    Do we live in a backwater swamp or just have corporate media that thinks we do?

    Reply

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