Bribery in a post-Citizens United World

If money is “speech” in an electoral context, what about during the course of governance?

Could direct payment of cash, or some other thing of value, to an official in exchange for some official action, or forbearance from some official action, be construed as a very convincing argument that is protected by the First Amendment?

To give an example, suppose two people have separate meetings with an official regarding a pending application for, say, a building permit. The first person is a resident of a neighborhood that adjoins the property on which the proposed project will be built. That person explains to the official that the project will cause substantial noise pollution at all hours of the day and night, will depress property values to a significant degree, and will cause all of the residents of the neighborhood to develop a non-fatal condition that causes them to grow additional heads that emit flatulence from their mouths, which will cause unemployment problems.

Like this, but I guess with more farts.

The second person meets with the official and explains that the briefcase in his hand has $1 million in cash that will belong to the official if the permit is issued. Continue reading

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What I’m Reading, May 16, 2014

Youth (1893) by William-Adolphe Bouguereau (1825-1905) [Public domain], via Wikimedia CommonsHow the Purity Myth Perpetuates Rape Culture, Miri, Brute Reason, May 13, 2014

The purity myth, as Jessica Valenti calls it in her book of the same name, includes several interlocking beliefs about women and sexuality that are enforced by many religions and ideologies and continue to inform many Americans’ views of sex–even those who consider themselves liberal or even progressive.

Some components of the purity myth include:

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What I’m Reading, April 25, 2014

By Robin klein (Own work) [CC-BY-SA-3.0 (http://creativecommons.org/licenses/by-sa/3.0)], via Wikimedia CommonsPut Your Money Where Your Mouth Is, evolved beyond the fist mistermix, Balloon Juice, April 19, 2014

The Will/Krauthammer justification for unlimited campaign contributions is that it is free speech protected by the Constitution, and it’s just a happy coincidence that the political party they back has more money to spend on political donations. Now that they’ve installed a Supreme Court that agrees with them, they’re trying to turn the reasonable consequences of free speech into some form of persecution.

Hellraiser vs. The Hellbound Heart, Mark Pellegrini, Adventures in Poor Taste, October 12, 2012

Personally, I prefer Hellraiser over The Hellbound Heart just as I prefer Candyman over The Forbidden; I found it took all the elements I enjoyed from the story and improved upon them. However, there were a couple of items from the book which I either liked better or thought added a bit more to the story. In the book, when Frank summons the Cenobites, they make him feel every orgasm he’s ever had in his entire life all at once before tearing him to pieces (as opposed to the movie, where they just eviscerate Frank as soon as they arrive). This was important to the plot in that the spillage of Frank’s semen acted as a catalyst to his resurrection when Raury/Larry spilled his blood in the attic. Additionally, this version better represented the “pleasure and pain unified” concept which the Cenobites are supposed to embody. I suppose the only other detail from the book which I wish had made it into the film is what happened after Kirsty made her deal with the Cenobites. In the book, they give her a time limit and as each minute passes she can feel an invisible “noose” squeeze tighter around her neck. This added a bit of suspense to the climax, as Kirsty struggles to get Frank to verbally admit to his escape from Hell.

Technically, this is from “Hellraiser 2,” but shut up.

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What I’m Reading, April 9, 2014

By Marc Gallant (Flickr) [CC-BY-2.0 (http://creativecommons.org/licenses/by/2.0)], via Wikimedia CommonsI’m Not Your Disappearing Indian, Jacqueline Keeler, Indian Country Today Media Network, April 3, 2014 (via Jezebel)

No, it wasn’t Stephen Colbert who forgot about us, nor was it “Stephen Colbert,” a character played by comedian Stephen Colbert, to satirize the extreme insensitivity of Republican conservatism. His show,The Colbert Reportdid a whole skit skewering Dan Snyder, billionaire owner of the Washington Redsk*ns, and Snyder’s new Original Americans Foundation (OAF), exposing it — through satire — as a blatant attempt to use charity to provide cover for his NFL team’s racist name. It was the hashtaggers, PoC (People of Color) and progressives, our own allies on Twitter who trended the hashtag #CancelColbert in response to the fictional foundation’s name featured in the skit.  And yet, Dan Snyder’s real foundation promoting an ethnic slur against us, a foundation thatactually exists, failed to garner even a tiny fraction of outrage by the same group. In fact, in her Time Magazine article that followed the enormous success of #CancelColbert, hashtag originator Suey Park failed to mention Snyder’s foundation at all. She certainly did not mention the Native hashtag protesting it #Not4Sale, despite it being covered by Mike Wise at the Washington Post and Al Jazeera America’s The Stream just days before. Only one reporter, Jeff Yang of the Wall Street Journal included any mention of Native responses to it.

Mega-Donors Are Now More Important Than Most Politicians, Peter Beinart, The Atlantic, April 4, 2014

The astonishing concentration of wealth among America’s super-rich, combined with a Supreme Court determined to tear down the barriers between their millions and our elections, is once again shifting the balance of power between politicians and donors. You could see it during last weekend’s “Sheldon primary,” when four major presidential contenders flocked to Las Vegas to court one man. When Chris Christie, not known for backing down from a fight, used a phrase (“occupied territories”) that Adelson disliked, he quickly apologized. And with good reason. Adelson, who probably spent north of $100 million in the 2012 election, can single-handedly sustain a presidential candidacy, or wreck one. He’s certainly wields more influence over American politics than most members of the United States Senate.

It’s time the press starts behaving accordingly. The media, for the most part, still treats elected officials as the key players in our political process. They get most of the scrutiny. Mega-donors, by contrast, are permitted a substantial degree of anonymity. Now that must change. If Adelson or the Koch brothers or their liberal equivalents can single-handedly shape presidential campaigns and congressional majorities, their pet concerns and ideological quirks deserve more journalistic attention than do those of most members of congress. It’s no longer enough to have one reporter covering the “money and politics” beat. Special correspondents should be assigned to cover key mega-donors, and should work doggedly to make their private influence public.

Photo credit: By Marc Gallant (Flickr) [CC-BY-2.0], via Wikimedia Commons.

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What I’m Reading, April 4, 2014

By Djembayz (Own work) [CC-BY-SA-3.0 (http://creativecommons.org/licenses/by-sa/3.0)], via Wikimedia CommonsIf You Criticize Wealthy Donors, You’re Basically Hitler, David Weigel, Slate, April 3, 2014

The Charles Koch standard is problematic if you think (like I think) that campaign donations should be uncapped but totally disclosed. That, according to the donors (though not McCutcheon himself), leads to character assassination. Donors have a First Amendment right to give money, but their opponents flout that right when they criticize them. Why? That’s an excellent question.

Self-Regulation Means No Regulation: Five Lessons We Should Have Learned from Agent Orange, PR Newswire, April 2, 2014

Economic crises. Foodborne disease outbreaks. Oil and chemical spills. According to Peter Sills, each is the natural result of the widespread demonization of a tool our government should wield more often. Regulation.

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Many politicians and industries push for self-regulation, and Sills says that might actually work in a perfect world. But in the real world, he insists, it won’t—and here are five reasons why:

If a hard, unpleasant task is optional, then most companies won’t do it (especially if it will cost them money). Consider Wyeth Pharmaceuticals’ refusal to change the label requirements on Phenergan even though it knew the method suggested could lead to infection and amputation. Wyeth finally made the change after being sued by a patient who had lost most of her arm.

“Sometimes, for the safety of the public, it is necessary for the government to force companies into performing unpleasant tasks,” says Sills.

Photo credit: By Djembayz (Own work) [CC-BY-SA-3.0], via Wikimedia Commons.

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What to Do Post-McCutcheon

"Corporate PAC Campaign Contributions Have Tripled Over the Last Two Decades" by citizens4taxjustice [CC BY 2.0 (https://creativecommons.org/licenses/by/2.0/)], via FlickrI haven’t read the actual McCutcheon opinion yet (if ever). To be honest , the minutiae of campaign-finance law makes my head hurt, mostly because of the system’s artificial and inane complexity. To be more honest, I have generally always accepted that campaigns with more money tend to win, but I’ve never really understood the mechanics of why. Erik Loomis at Lawyers, Guns & Money offers a bit of post-McCutcheon tough love that, I think, nails the real problem:

My thought on the McCutcheon case’s importance is as follows. Liberals need to quit whining about the money. I’m not saying the case isn’t a big deal. It is. But I am saying that the plutocrats have always had far more money than working people and they’ve always used it to control politics the best they can.

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The problem today is that progressives believe the ballot box is where change is made, when in fact it is where change is consolidated. Organize on the ground to demand the change desired and the money can be overcome. But if you think a social movement is buying ad time on television or the right kind of media messaging, that’s a game that progressives are never going to win.

(Emphasis added)

How do political campaigns spend money? That’s actually a serious, non-rhetorical question. I know they pay for massive amounts of advertising, along with all the expenses of running a campaign. For the purposes of discussing how money influences politics, the advertising seems like the pertinent issue. Continue reading

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