Citizens United

Louisville Activists Protest McConnell's Vote Against Amendment to #GetMoneyOut

On Friday, PFAW members and local activists came out to Sen. Mitch McConnell’s West Louisville campaign office to hold him accountable for his support of big money in politics and for voting against the Democracy For All Amendment during this week’s Senate vote.

The rally included PFAW Regional Political Coordinator Scott Foval, along with MoveOn Council’s Ann Hardman, University of Louisville’s College Democrats President Connor Allen, and local activist Bonifacio “Flaco” Aleman. Activists had a giant “King Mitch” holding fake money and signs saying “Money Is Not Speech” and “Mitch: Go Filibuster Yourself!” and more.

McConnell led the fight to block the Democracy for All Amendment during Senate debates this week. As a leading voice against efforts to get big money out of elections, McConnell has fought hard for years to protect billionaires’ and millionaires’ influence in our elections instead of protecting the average Kentuckian’s interests.

This rally along with over 15,000 signatures on a petition delivered to McConnell last week should make it clear to “King Mitch” that Kentuckians support an amendment to overturn decisions like Citizens United and #GetMoneyOut. Polling also shows that three in four voters support the measure nationally.

There were not sufficient votes to pass the proposed amendment this week, but a majority of the Senate did vote on Thursday in support of the Democracy for All Amendment despite “King Mitch’s” best efforts.
 

PFAW

Activists Rally Outside Sen. McConnell’s Campaign Office in Louisville in Support of Constitutional Amendment

LOUISVILLE, KY — This afternoon, People For the American Way members and other activists rallied outside of Sen. Mitch McConnell’s West Louisville campaign office to protest “King Mitch’s” role in supporting big money in politics. The rally was held in response to McConnell’s vote against the Democracy for All Amendment during yesterday’s Senate session. This proposed constitutional amendment would overturn decisions like Citizens United and allow Congress and the states to set reasonable limits on money in elections.
 
During the Senate debates this week, Sen. McConnell led the charge against the Democracy for All Amendment despite receiving petitions from PFAW activists last week signed by over 15,000 Kentuckians urging him to support an amendment.

PFAW Regional Political Coordinator Scott Foval was featured during the rally, along with MoveOn Council’s Ann Hardman, University of Louisville’s College Democrats President Connor Allen, and local activist Bonifacio “Flaco” Aleman.

“‘King Mitch’ only pays attention to the millionaires and billionaires that fund his campaigns and ignores the average Kentucky constituent,” said PFAW Regional Political Coordinator Scott Foval. “He supports big money in politics and fights against policies that don’t benefit his ‘court’ of lobbyists, donors, and friends like the Koch brothers. But Kentuckians are standing up against his brand of crony politics that gives a voice only to the most privileged.”

For more information on People For the American Way’s work to get big money out of politics, please see our Government By the People webpage.

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PFAW Members Rally Outside Sen. McConnell’s Louisville Office

LOUISVILLE, KY — People For the American Way (PFAW) members and other activists rallied outside of Sen. Mitch McConnell’s state office on Tuesday afternoon to protest “King Mitch’s” role in supporting big money in politics. Activists held a giant “King Mitch” and signs that highlighted how Sen. McConnell supports millionaires over ordinary Kentuckians.
 
Last week PFAW delivered petitions from more than 15,000 Kentuckians urging Sen. McConnell to support an amendment overturning decisions like Citizens United. This week, McConnell led the effort to block the Democracy For All Amendment, which would have limited the influence of billionaires and corporations in our elections.

“‘King Mitch’ only pays attention to the millionaires and billionaires that fund his campaigns, and ignores the average Kentucky constituent,” said PFAW Regional Political Coordinator Scott Foval. “He not only supports big money in politics, ‘King Mitch’ fights against policies that don’t benefit his ‘court’ of lobbyists, donors, and friends like the Koch brothers. He wants a government where only the most privileged have a voice.”

For more information on People For the American Way’s work to get big money out of politics, please see our Government By the People webpage.

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Tony Perkins: Overturning Citizens United Will Anger The Founding Fathers

Tony Perkins of the Family Research Council thinks the Founding Fathers would be upset by the push to overturn the Supreme Court’s 2010 Citizens United ruling, warning on “Washington Watch” yesterday that a constitutional amendment would be “dangerous” to the country.

Perkins said amendment supporters “think they know better than the Founding Fathers” and seek to “rewrite the First Amendment to essentially silence political speech and strip it out of the First Amendment.”

He said he can’t believe anyone would support an amendment to allow voters to pass campaign finance regulations, even though a majority of voters, including Republicans, support an amendment [PDF].

Perkins previously claimed that overturning Citizens United is a sign of anti-Christian persecution, even going so far as to link the effort to the imprisonment of a Christian Sudanese woman.

PFAW and Allies Rally, Deliver 3 Million Petitions in Support of Amendment to #GetMoneyOut

On Monday afternoon People For the American Way joined partner organizations, Senators, and Representatives in a rally outside the U.S. Capitol in support of the Democracy For All Amendment to overturn decisions like Citizens United and get big money out of politics. As the Senate begins debating the measure, PFAW and ally organizations teamed up to deliver more than three million petitions in support of an amendment.

The rally was kicked off by People For the American Way Executive Vice President Marge Baker (pictured speaking above) and Public Citizen President Robert Weissman. Speakers included Sen. Tom Udall (N.M.), Sen. Bernie Sanders (Vt.), Sen. Sheldon Whitehouse (R.I.), Sen. Amy Klobuchar (Minn.), Sen. Al Franken (Minn.), Rep. Ted Deutch (Fla.), and Rep. Jim McGovern (Mass.) Rally footage was featured on The Last Word with Lawrence O’Donnell and in the Huffington Post.


Sen. Tom Udall (N.M.)


Sen. Bernie Sanders (Vt.)


Sen. Sheldon Whitehouse (R.I.)


Sen. Amy Klobuchar (Minn.)


Sen. Al Franken (Minn.)


Rep. Ted Deutch (Fla.)


Rep. Jim McGovern (Mass.)

At the rally, PFAW Executive Vice President Marge Baker said, “Today, more money than ever is flooding our democracy. But something else is also happening: everyday Americans are fighting back. Americans are no longer willing to settle for elections auctioned to the highest bidders.” You can watch her speech here.

The massive number of petitions delivered is just one of many indicators of the broad support for an amendment to get big money out of politics. Sixteen states, more than 550 cities and towns, and public figures including former Supreme Court Justice John Paul Stevens and President Barack Obama have already voiced support for an amendment. Recent polling found that nearly three in four voters (73 percent) favor it.

Organizations contributing petitions included People For the American Way, MoveOn.org, CREDO, Daily Kos, Public Citizen, Public Change Campaign Committee, USAction, Common Cause, Democrats.com, Free Speech For People, Coffee Party, Center for Media and Democracy, Brave New Films, Progressive Democrats of America, Sierra Club, US PIRG, Communications Workers of America, Wolf PAC, Move to Amend, Food and Water Watch, Corporate Accountability International, Greenpeace, Public Campaign, the American Association of University Women (AAUW), the League of Conservation Voters, and the Story of Stuff Project.

Get more information on PFAW’s Government By the People work here.

PFAW

Louisville PFAW Activists Deliver Petitions Supporting Democracy For All Constitutional Amendment to Mitch McConnell


On Wednesday, PFAW activists in Kentucky joined other activists representing ally organizations in delivering petition signatures to Sen. Mitch McConnell’s state office calling for amending the Constitution to overturn cases like Citizens United and get big money out of politics. Nationally, more than three million Americans have signed such a petition.

The delivery comes days before the Senate is set to vote on the Democracy for All Amendment (S.J. Res 19), a joint resolution that would amend the Constitution to overturn Citizens United and related cases. An overwhelming majority of Americans oppose the Supreme Court’s rulings opening the floodgates to unlimited money in our elections, with sixteen states and over 550 cities formally demanding that Congress vote to pass a constitutional amendment to allow common sense campaign finance rules to be enacted.

The event in Louisville is part of a nationwide push to make the Democracy for All Amendment our Constitution’s 28th Amendment. Rallies and petition deliveries also occurred in the state offices of nine other senators throughout the country.

PFAW

Kentucky PFAW Members Protest McConnell in Zombie Fashion

This Friday, PFAW members joined allies at two events in Louisville to hold Sen. Mitch McConnell accountable for his support of big money in politics.
 
On Friday evening, hundreds of PFAW members and other local activists joined the world’s largest annual Zombie Walk dressed as #ZombieMitch to highlight his zombie-like support of big money in politics. Activists marched with McConnell masks and signs including “Mitch McConnell is a zombie for big money in our elections” and “Need… more… brains money!” Some of the zombies attending the main event told PFAW members that the McConnell zombies were the “scariest thing I’ve seen all night.”

Earlier that day, members and allies met in front of the local GOP headquarters for a rally organized by MoveOn.org. Activists gathered in response to the tapes leaked last week that caught McConnell speaking at a secret meeting hosted by the Koch brothers. Check out the recordings here.

Sen. McConnell is a leading voice against efforts to get big money out of politics, fighting against a proposed constitutional amendment that would overturn decisions like Citizens United, despite the fact that three in four voters support the measure. For years he has been fighting hard to protect billionaires’ and millionaires’ influence in our elections. The turnout of supporters at both of these events shows that the people of Kentucky are tired of Sen. McConnell’s love of big money in politics.

PFAW

FRC Claims Citizens United Repeal Would 'Muzzle The Christian Viewpoint'

In a fundraising email today, FRC Action — the Family Research Council’s political arm — announced that it is “working closely with Senator Ted Cruz to take the lead” in opposing a proposed constitutional amendment to roll back Citizens United and related Supreme Court rulings that struck down federal campaign finance rules.

FRC president Tony Perkins has also picked up Cruz’s talking points about the subject, claiming in the email that an amendment restoring the power of Congress to regulate election spending would “scrap” the First Amendment and ultimately allow liberals to “quash our freedom of speech; to silence our calls for liberty and self-government; to muzzle the Christian viewpoint; to make the debate totally one-sided; to brainwash the next generation into believing that this is how it should be.”

In reality, the amendment would return to Congress and state governments the ability to place reasonable regulations on campaign spending, a power they had until very recently.

I thought I'd seen it all.

I thought the First Amendment was settled. I thought freedom of speech -- the fundamental bulwark of liberty at the very heart of our republic -- was so basic to our American way of life, no liberal would have the audacity to suggest scrapping it.

But I was wrong.

It's utterly outrageous to suggest gutting the First Amendment. It is critically important to our national life. Freedom of speech, especially political speech, sets us apart from most other countries in the world. It keeps liberty alive.

It seems Democrats want "free speech" to consist only of government-authorized speech.

They claim they want to cut back on the influence of "special interests" in election campaigns. But of course, the "special interests" they want to silence are organizations like FRC Action. They want to muzzle you and me.

This is not about "election accountability." This is a naked power grab.

This amendment to the Constitution would give the foxes the keys to the henhouse. Those in power -- whom FRC Action is committed to holding accountable -- would now have the ability to silence us, to gag us, to strip us of our right to fully engage in the political process.

Interestingly, if such a far-fetched alteration of our Constitution were to actually take place, there is a particularly strong group that would be protected -- the press! Democrats' liberal allies in the mainstream media would retain their free political speech, while organizations like FRC Action would lose theirs.

Maybe you're thinking: they can't seriously think such a proposal would make it through Congress. And you would be right: they don't.

This is a bald-faced tactic for firing up the Democrats' base -- to get more liberal voters to swarm the polls in the midterm elections this November.

But if we remain silent, if we simply sit and roll our eyes at the absurdity of it all . . . liberals in Congress will be emboldened to keep pushing in this deadly direction.

The Left would love nothing more than to quash our freedom of speech; to silence our calls for liberty and self-government; to muzzle the Christian viewpoint; to make the debate totally one-sided; to brainwash the next generation into believing that this is how it should be.

We're working closely with Senator Ted Cruz to take the lead in exposing this outrage and in challenging any attempt to rewrite our Bill of Rights.

Barney Frank: This Year’s Midterm Elections Define Our Courts

In an op-ed printed in the Portland Press Herald this weekend, retired congressman Barney Frank offers a sharp critique of the far right Supreme Court under John Roberts. Explicitly noting the importance of the Court in defining law that affects all citizens, Frank makes clear not only that courts matter, but everyday citizens have a hand in how these courts are shaped.

Reviewing the impact of recent Supreme Court decisions — from overturning “more than 100 years of federal and state efforts to regulate the role of money in campaigns” to declaring that corporations have the right to religious freedom under RFRA—Frank states that “the court has ended this term with a barrage against laws it does not like” (emphasis added).

He continues,

…The Supreme Court is now strongly inclined to impose conservative ideology via Constitutional interpretation on a broad range of public policy. It is true that Kennedy and to some extent Roberts occasionally deviate from this, but Justice Samuel Alito has surpassed even Justices Antonin Scalia and Clarence Thomas in his ideological purity.

The relevance of this to the next two elections is very clear. Four of the sitting justices are in their late 70s or older. This means that there is a strong possibility that President Obama will have a chance to appoint another justice before his term expires, but his ability to do so will be determined not simply by the health of the justices in question, but by the composition of the U.S. Senate. The increasing partisanship in the Senate, the continued virulent influence of the tea party and recent history strongly suggest that even if a vacancy occurs, Obama will be prevented from filling it (emphasis added).

Frank refers to the unceasing Republican obstructionism and argues courts are critical for defining laws that affect Americans on a daily basis, highlighting the importance of this year’s midterm elections. As he concludes in this piece,

This makes it highly likely that among the issues that will be determined in the next senatorial and presidential election will be the ideological makeup of the Supreme Court. Voters should act accordingly.

PFAW

Barton: Harry Reid Supports Citizens United Amendment Because He Is An 'Atheist Mormon'

Ever since Sen. Tom Udall, D-N.M., proposed a constitutional amendment designed to restore to Congress and state governments the ability to regulate the raising and spending of money in elections, Republicans and conservatives have absurdly been decrying it as an effort to gut the First Amendment.

On today's "WallBuilders Live" radio program, David Barton attacked Senate Majority Leader Harry Reid for supporting this amendment, saying that his support for it proves that Reid is "an atheist Mormon" who doesn't realize that he will one day have to answer to God for trampling all over our God-given rights:

Barton: He has actually proposed an amendment to the U.S. Constitution that would re-write the First Amendment to take away original protections and limit the protections in the First Amendment.

...

What it also tells me is, and he's apparently a Mormon guy, that's fine. He is probably an atheist Mormon, Mormon in name only and the reason I say that is that so many Mormon folks are so conservative on the Constitution and such great defenders ... And so, when you look at what he's doing, the Bill of Rights is laid out in the Declaration of Independence, you start with the first belief that there's a Creator, the second belief that the Creator gives us certain inalienable rights, the third belief in the Declaration is that government exists to protect those rights inalienable rights.

So eleven years later when the Founding Fathers did the Bill of Rights they said, hey, these are those rights that we were talking about that the government is not allowed to touch because these come from the Creator and government exists to protect rights from the Creator. So that's why we've never messed with the Bill of Rights because they were always off limits to government because they came from God directly to man, they did not go through government to get here.

...

If you don't have the belief that you will answer to God for what you do, you will sell your country, you will sell your kids' future, you will sell everything going on and that's where we're getting.  And so it's not just a belief in God, it's the belief that you answer to God and you believe that, and see that's where Harry Reid is not. You know, he may believe in God, he probably says he does; I don't think he has any cognizance of having to answer to God for what he does.

Unpacking Hobby Lobby & Other SCOTUS Decisions: PFAW Member Telebriefing

Yesterday, People For the American Way members participated in a special telebriefing to discuss the Supreme Court term that wrapped up this Monday and to unpack some of the critical decisions handed down by the Court this year. The call, which was kicked off by PFAW President Michael Keegan and moderated by Director of Communications Drew Courtney, featured Senior Fellows Jamie Raskin and Elliot Mincberg, as well as Executive Vice President Marge Baker.

Discussing Burwell v. Hobby Lobby, Raskin explained the case and the damaging implications of the 5-4 decision. Highlighting the “extreme and extravagant” claim made by Hobby Lobby that its religious rights were violated, Raskin described the court’s decision that the Religious Freedom Restoration Act covers “closely held” corporations and noted that this creates a “dangerous expansion of corporate personhood.” Raskin described how this exemplifies the Court in the Citizens United era, where the far right Justices regularly find ways to rule so they can enhance the power of corporations.

Mincberg also provided background on RFRA and explained how the law was distorted and expanded in this decision far beyond what anyone had in mind when it passed by an enormous bipartisan majority 20 years ago.

Members wanted to know what actions can be taken to help address the imbalance in the Court and the troubling decisions made by the Roberts’ Court in the last few years. Baker addressed the issue of rebalancing the Court, emphasizing the importance of presidential elections on the Court’s make-up.

The telebriefing also covered the recent decisions in McCullen v. Coakley, NLRB v. Noel Canning, and Harris v. Quinn, underscoring the Court’s decisive move to the right.

Listen to the full audio of the telebriefing for more information.

 

PFAW

"Citizen Koch" Premieres Nationwide (And We Highly Recommend It!)

All around the country, the important film "Citizen Koch" is premiering in cities large and small. Find a screening near you!

The movie tracks the effects of the Supreme Court’s Citizens United ruling that lifted a century-long ban on corporate election spending by looking at the standoff in Wisconsin between state employees and GOP Governor Scott Walker. During his election and recall campaigns, Walker was bankrolled by billionaire brothers David and Charles Koch, demonstrating the torrent of unlimited, anonymous political spending by corporations and billionaires that was unleashed through this Supreme Court decision. As the film follows this story, it also shows the fracturing of the Republican Party and proves how Citizens United fundamentally changed how our democracy works.

After a successful Kickstarter campaign to raise funding, and even losing its public television distributor, the movie finally comes to theatres this summer. The process that led to it being pulled from public television airwaves illustrates exactly what “Citizen Koch” depicts—that money buys not only action, but also silence. As Buddy Roemer, whose presidential run is chronicled in the film, stated, “Sometimes it's a check. Sometimes it's the threat of a check. It's like having a weapon. You can shoot the gun or just show it. It works both ways.”

People For the American Way hosted the DC premiere of the documentary film “Citizen Koch” at the Washington’s West End Cinema Friday night to a sell out crowd. Friday’s premiere was followed by a panel discussion with one of the documentary’s Academy Award-nominated filmmakers Tia Lessin, along with PFAW’s director of outreach and partner engagement Diallo Brooks and PFAW president Michael Keegan. After the screening, the audience participated in a question and answer session on the effects of big money in politics and what different organizations and mobilized citizens are doing to reverse the effects of Supreme Court decisions like Citizens United and McCutcheon.

 

PFAW

America's History of Amending the Constitution to Expand Democracy (And Overturn the Supreme Court)

The 28th Amendment would overturn cases like Citizens United and enhance political democracy and the First Amendment.
PFAW Foundation

45 Senators Support Amendment Strategy to Get Money Out of Elections

45 US Senators now support a constititutional amendment to undo the harm of decisions like Citizens United and McCutcheon. Do yours?


State Senator

Alaska

Sen. Mark Begich

California

Sen. Barbara Boxer

California Sen. Diane Feinstein
Colorado Sen. Michael F. Bennet
Colorado

Sen. Mark Udall

Connecticut Sen. Richard Blumenthal
Connecticut Sen. Christopher Murphy
Delaware

Sen. Thomas R. Carper

Delaware Sen. Christopher A. Coons
Hawaii Sen. Mazie K. Hirono
Hawaii Sen. Brian Schatz
Illinois Sen. Richard Durbin
Iowa Sen. Tom Harkin
Maine Sen. Angus S. King, Jr.
Maryland Sen. Benjamin L. Cardin
Maryland Sen. Barbara A. Mikulski
Massachusetts

Sen. Edward J. Markey

Massachusetts Sen. Elizabeth Warren
Michigan

Sen. Debbie Stabenow

Minnesota Sen. Al Franken
Minnesota Sen. Amy Klobuchar
Montana Sen. Jon Tester
Montana Sen. John E. Walsh
Nevada Sen. Harry Reid
New Hampshire Sen. Jeanne Shaheen
New Jersey Sen. Cory A. Booker
New Jersey Sen. Robert Menendez
New Mexico Sen. Tom Udall
New Mexico Sen. Martin Heinrich
New York Sen. Charles E. Schumer
New York Sen. Kirsten Gillibrand
North Carolina Sen. Kay Hagan
North Dakota Sen. Heidi Heitkamp
Ohio Sen. Sherrod Brown
Oregon Sen. Ron Wyden
Oregon Sen. Jeff Merkley
Rhode Island Sen. Jack Reed
Rhode Island Sen. Sheldon Whitehouse
South Dakota Sen. Tim Johnson
Vermont Sen. Patrick Leahy
Vermont Sen. Bernard Sanders
Washington Sen. Patty Murray
Wisconsin Sen. Tammy Baldwin
West Virginia Sen. Joe Manchin
West Virginia Sen. John D. Rockefeller, IV

For more elected officials who support an amendment, visit United4thePeople.org.

PFAW

The 10 Most Absurd Arguments Against The Udall Citizens United Amendment

While good-government groups have been calling for a constitutional amendment to reverse the Supreme Court’s dismantling of campaign finance laws since the day the Court handed down Citizens United in 2010, the issue has been largely off the radar of conservative activists – and has actually enjoyed broad bipartisan support in an array of polls and in state and municipal ballot measures.

It was largely off their radar, that is, until this week. This morning, the Senate Judiciary Committee held a hearing on a proposal by Sen. Tom Udall, D-N.M., to send a constitutional amendment to the states restoring to Congress and state governments the ability to regulate the raising and spending of money in elections. In response, Republican politicians and conservative activists have kicked into gear and are starting to try out new talking points to get their movement to oppose efforts to lessen the influence of big money in politics.

Sen. Ted Cruz, R-Texas, launched the misleading campaign two weeks ago when he warned a group of pastors that the Udall proposal would “repeal the First Amendment” and allow Congress to “muzzle” the free speech of clergy. In advance of the hearing today, conservative groups including the Family Research Council, Eagle Forum, Tea Party Patriots and the Home School Legal Defense Association started to mobilize against the amendment. Yesterday, the Heritage Foundation held a panel discussion to test out arguments against the amendment, featuring Bobby Burchfield, the attorney who argued the McCutcheon case before the Supreme Court, controversial former FEC chairman Don McGahn, and infamous voter-fraud conspiracy theorist Hans van Spakovsky .

Here, we’ve collected some of the most deceptive arguments that have been launched so far against the Udall amendment.

1. Democrats want to repeal the First Amendment!

When we first heard Ted Cruz  tell a stunned group of pastors that Democrats in the Senate were planning to “repeal the First Amendment,” we knew that we would be hearing that line again and again.

And we were right. Tea Party Patriots adopted the line in mobilizing its activists, as did the Eagle Forum. The Family Research Council claimed the Udall amendment would “strip political speech out of the First Amendment,” and von Spakovsky told the Heritage panel that the amendment would “roll back” the Bill of Rights.

Burchfield and McGahn both argued that the introduction of the constitutional amendment means, in the words of McGahn, that campaign finance law advocates are “admitting” that campaign finance regulations are “unconstitutional.”

On the surface, this is the opposition’s strongest argument, because it sounds so scary. But it’s just not true. Whether you support the Udall amendment or not, it’s dishonest to suggest that it would amount to a “repeal of the First Amendment.” Instead, proponents argue that it strengthens the First Amendment by undoing the Supreme Court’s jurisprudence declaring that spending on elections, including from corporate treasuries, cannot be limited. Proponents of the Udall amendment hold that this jurisprudence, including recent decisions in the Citizens United and McCutcheon cases, represented a radical reinterpretation of the First Amendment; undoing them would simply re-establish the ability of Congress and the states to set reasonable regulations on the raising and spending of money to influence elections.

2. Amendment supporters want to ‘silence critics’ and ‘cling to power’!

The Heritage panelists repeatedly claimed that the Udall amendment is an attempt to protect incumbency by preventing challengers from raising enough money to win elections. McGahn insisted that it was an effort by Democratic incumbents “desperately clinging to power.”

“They want to change the rules of the game and prevent people from criticizing them, not unlike England did before our revolution, and which led to our revolution,” he added.

The American Family Association’s Sandy Rios also invoked the American Revolution in an interview with von Spakovsky yesterday, saying, “The First Amendment, the rights to free speech – particularly the right to political speech – were the right to criticize the king, criticize the authorities over you.”

In a later interview with Rios, Tea Party Patriots spokesman Scott Hogenson even managed to connect the Udall amendment with immigration reform, claiming that both are part of a “larger, concerted effort to maintain the Democratic Party’s control of American politics and eventually move to one-party rule.”

In reality, it’s unlimited campaign spending that tends to be a boon for incumbents, who on average are able to raise far more than challengers. For instance, in Texas, a state with few campaign finance limits, incumbents who win on average raise more than twelve times the average amount raised by challengers. By contrast, in Colorado, which has relatively low individual contribution limits, incumbents on average raise less than three times what challengers are able to raise [pdf].

3. Liberals just want to protect the lame-stream media!

In his speech to the pastors' group, Ted Cruz seized on the Udall proposal’s stipulation that “Nothing in this article shall be construed to grant Congress the power to abridge the freedom of the press” to claim that the amendment carved out an exemption to protect the New York Times.

Von Spakovsky also played up conservative conspiracy theories about the “liberal media,” telling Rios, “No surprise, there’s a glaring exception in this proposed amendment for the press. And that means that MSNBC or the New York Times Company, which are big corporations, they could spend as much newsprint or airtime as they wanted going after and criticizing candidates or talking about political issues.”

These arguments fail to recognize one key distinction, which is that there is a difference between the New York Times publishing an editorial (which would be protected under the proposed amendment, as it is now) and the corporate managers of the New York Times taking $50 million out of their corporate treasury to buy ads to influence an election (which would not be protected).

4. They’ll go after pastors!

Opponents of the constitutional amendment have also been trying to tie the proposal to the right-wing paranoia about the impending persecution of America’s Christian majority .

It’s no coincidence that Cruz rolled out his criticism of the Udall proposal at a pastors’ event organized by the Family Research Council, a main theme of which was the supposed assault on the religious liberty of Christians in America. Cruz told the pastors that the Udall measure would “muzzle” clergy and was being proposed because “they don’t like it when pastors in their community stand up and speak the truth.”

Likewise, McGahn said at the Heritage event that the amendment would endanger the religious liberty of clergy: “What about pastors and churches? This is an issue that comes up once in a while. Can the government get in there and tell a priest he can’t talk to his congregation because it may somehow have something to do with politics?”

This might be true if the proposal would, in fact, “repeal the First Amendment.” In fact, the First Amendment’s protection of religious liberty would remain in place.

Of course, that didn’t stop the FRC’s Tony Perkins from somehow linking the Udall amendment to the imprisonment of a Christian woman in Sudan:

5. It’s like the Alien & Sedition Acts!

Along with comparisons to British control before the American Revolution, amendment opponents are trying to link the Udall proposal to the 18th century Alien & Sedition Acts.

In his interview with Rios yesterday, van Spakovsky claimed that “the last time Congress tried to do something like this was when they passed the Alien & Sedition Act in 1798 that criminalized criticism of the government.” Multiple GOP senators at today’s hearing, including Judiciary Committeee Ranking Member Chuck Grassley, repeated the talking point.

Of course, the amendment does nothing to reduce the right of individuals to criticize the government or politicians.

6. The polls are skewed!

When an audience member at yesterday’s Heritage Foundation panel asked about polls showing overwhelming opposition to the Citizens United decision, McGahn replied that the questions in the polls were “skewed.”

You can judge for yourself whether this question from a recent Greenberg Quinlan Rosner poll  – which found 80 percent opposition to the Citizens United decision  – is “skewed” on behalf of campaign finance law proponents:

(image via Buzzfeed)

7. What about disclosure?

In one of the least self-aware moments we’ve witnessed in the last few days, McGahn told the Heritage audience that campaign finance reform proponents could have just worked for tougher disclosure requirements, which the Supreme Court’s majority has consistently endorsed as a way to prevent corruption:

What’s interesting is the courts have upheld some disclosure of independent speech, which six months ago was supposed to be the answer, a year ago was supposed to be the answer – remember the DISCLOSE Act, Part 1 and Part 2? Well, that was supposed to cure all the ills in our democracy, but unfortunately I guess they’ve given up on that and they’ve moved to the more radical change, which is the constitutional amendment.

Of course, the DISCLOSE Act – which would have exposed the source of some of the “dark money” behind large campaign expenditures – was blocked by Senate Republicans. And McGahn, when he was at the FEC, fought hard against disclosure requirements proposed in the wake of the Citizens United decision, even though the decision explicitly sanctioned such requirements.

8. The poor don’t participate anyway!

Speaking to the Heritage audience, Burchfield  presented the curious argument that the Udall amendment would demand to "equalize debate among the haves and have-nots,” and since “the portion is small” of “those with limited means” who participate in electoral debates, this would require “severe restrictions.”

The rich do not advocate a single viewpoint. Think of Sheldon Adelson and George Soros, they don’t agree on anything. There are strong voices on the left and on the right, not just in privately funded campaign advertisements, but also in the broadcast and print media. Only a small portion of those with significant resources even bother to participate in the debate. And among those with limited means, the portion is small indeed. In order to equalize debate among the haves and the have-nots, severe restrictions would be necessary. The quantity and quality of discourse would certainly suffer.

The amendment under consideration doesn’t require that everybody be heard an equal amount; instead, it gives Congress and the states the ability to create a more even platform for those who wish to be heard, regardless of their financial means.  

Burchfield's reasoning echoes the arguments of voter-suppression proponents who claim that their laws only inconvenience people who don’t really care about voting anyway.

9. It’s voter suppression!

Although many of the advocates of unlimited, undisclosed money in politics are the same people pushing harmful voter suppression laws, Sen. Pat Roberts of Kansas yesterday insisted that it’s actually amendment proponents who are advocating “voter suppression” and want to “silence” critics.

10. Blame Saul Alinsky!

Inevitably, anti-amendment activists have begun invoking the right-wing bogey-man Saul Alinsky.

Hogenson told Rios that the Udall amendment is “just taken right out of Saul Alinksy’s book, ‘Rules for Radicals,’ it just makes up a gigantic lie and perpetuates it, that somehow democracy needs to be restored.”

Von Spakovsky also invoked Alinsky in his interview with Rios, claiming that criticism of the enormous political spending of the Koch brothers is an Alinskyite plot: “What’s really going on here is, look, if you look at Alinsky’s ‘Rules for Radicals,’ one of the rules that he sets out is you pick a villain and you basically blame those villains for all of the problems. It’s a way of distracting the public, it’s a way of diverting attention, and that’s exactly what Harry Reid and the Democrats are doing here.”

Tony Perkins Links Effort To Overturn Citizens United To Imprisonment Of Christian Sudanese Woman

On Friday, Family Research Council president Tony Perkins — who earlier last week managed to connect the Isla Vista shooting to the Affordable Care Act — tied the imprisonment of a Sudanese Christian woman to a Senate hearing on a constitutional amendment to overturn the Supreme Court’s decision in Citizens United, a ruling which allowed for unrestricted, undisclosed corporate political donations.

Speaking on his radio program, “Washington Watch,” Perkins chastised Democratic leaders like Chuck Schumer — who Perkins said “thinks he understands freedom better than America’s Bill of Rights” — and Mark Udall for opposing the Supreme Court’s 2010 decision.

“The National Archives will need more than bombproofing to protect America’s founding documents,” he warned. Perkins then invited Sen. Pat Roberts onto the show to discuss the proposed amendment.

The Kansas Republican thanked Perkins for not only defending Citizens United but also bringing attention to the imprisonment of Meriam Yehya Ibrahim, a Sudanese woman married to an American who is in jail in Sudan for converting to Christianity. Perkins replied that the two cases are actually related: “The two of them are very connected. In our First Amendment we have our freedom of religion and freedom of speech and we keep our freedom of religion by working to keep our freedom of speech, and political speech is actually what’s under attack here.”

Roberts accused Senate Democrats of trying to “restrict the free speech of those who simply disagree with them.”

Later, Roberts said supporters of a constitutional amendment like Senate Majority Leader Harry Reid seek to “regulate free speech so they can silence their critics and retain their hold on power.”

“This is voter suppression, this is to silence his critics,” he said.

Edit Memo: Senator Udall’s Constitutional Amendment Proposal Would Restore the First Amendment and Strengthen Our Democracy

On June 3, 2014, the Judiciary Committee of the United States Senate held a hearing on the need to amend the Constitution to overturn the Supreme Court’s decisions in Citizens United v. FEC, and related cases. In particular, the Committee examined Senator Tom Udall’s amendment proposal SJRES 19, which seeks to restore the constitutional authority to regulate the raising and spending of money to influence elections, so that the American people, and not corporations, billionaires and special interests, hold the power in our elections.

PFAW Action Fund Endorses Derek Cressman for California Secretary of State

People For the American Way Action Fund has announced an endorsement of Derek Cressman’s candidacy for California Secretary of State.

“Derek Cressman has been a consistent progressive leader, standing up against big money in politics and for fairness and the people’s voice,” said PFAW Political Director Randy Borntrager. “He will serve the people of California well as Secretary of State.”

Cressman is one of five primary candidates for Secretary of State.  He served as director of the Democracy Program for the U.S. Public Interest Research Group (U.S. PIRG) and the state PIRG organizations, fighting for the environment, open government, and fair elections.  He subsequently founded Earth Tones, an environmentally friendly communications company that donates 100 percent of its profits to environmental groups.

In 2006 Cressman began working with Common Cause on its groundbreaking voting rights and elections programs, eventually directing the organization’s Citizens United information campaign. While at Common Cause, Cressman led 35 state chapters as vice president for states. During his tenure, Common Cause expanded its coordination of grassroots organizing and advocacy on money in politics across all of its local chapters, pursuing local ordinances and referenda as a strategy to draw more attention to the issue.

Derek Cressman’s positions on women’s health, comprehensive immigration reform, public education funding, equality for all Americans, and money in politics – among other issues – distinguish him as quality progressive candidate for California Secretary of State.  His campaign website is http://www.derekcressman.com.

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Thanks to the Roberts Court, “Big Money” in Our Elections Is Only Getting Bigger

2014 is looking to be a bumper year for election spending. After the Citizens United ruling in 2010, that year’s midterms became a test case for how the newly-minted Super PACs and newly-empowered “dark money” groups would use their strength. They must have liked what their spending bought them, because this year they are back with a vengeance.

According to Open Secrets, spending by outside groups as of May 6th in this election cycle has approximately tripled from the amount outside groups spent in the same time period leading up to the 2010 midterms (leaping from $16.6 million in 2010 to $72.7 million in 2014). In 2006, this number was $2.5 million – that’s a twenty-nine-fold increase in just two midterm cycles.  At this rate, outside spending on this year’s midterms is set to far outpace even outside spending in the 2008 presidential election cycle.

The influence of outside spending groups has increased so much that in some races they are spending far more than the candidates themselves. Forty-nine percent of all election spending on this year’s midterms so far has come from outside spending groups. In hotly contested races, the proportion is even higher. In the North Carolina U.S. Senate race – which is the most expensive so far this cycle – 90 percent of all spending has come from outside groups, 58 percent of which are “dark money” groups not required to disclose their donors like Super PACs do.

The new era of “big money” election spending disproportionately benefits conservative candidates. Seventy-two percent of donors who had maxed out their aggregate contribution limits before the Supreme Court struck down those limits in April had contributed only to Republicans. Forty-five percent of these donors were in the finance industry.  In addition, Americans for Prosperity, the Koch brothers-linked “dark money” group, accounts for nearly one third of all independent expenditures on television advertising so far in this election cycle. 

In the wake of the Supreme Court’s McCutcheon decision, just as reformers predicted, the Republican Party is forming “super joint fundraising committees” that pool large checks from big donors and – now unrestrained by aggregate contribution limits – redirect that money to long lists of candidate campaigns.

The consequences of the influx of “big money” into our elections are clear for the vast majority of Americans who can’t afford to write large check to candidates: they’re being squeezed out of the process. According to the Brennan Center, in current “high-dollar” federal races, only nine percent of funds have come from donations of $200 or less.

Simply put, these trends are disturbing. Even before Citizens United, it was becoming clear that money played an outsized role in our politics. The continued ability of corporations, special interests and wealthy individuals to spend limitlessly on elections calls into question the health of our democracy. The concentration of power away from the voters and towards the donor class creates the specter – and very real threat – of a Congress wholly populated by those elected by dollars, not votes. 

PFAW Foundation
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