[EL] Check out Ford Pulls Ad Touting Bailout-Free Success, After Calls fr...

Wed Sep 28 09:28:31 PDT 2011

On a related note, for decades we've been told that legal, ethical, and
constitutionally protected activities must be constrained by force of
law because they might give rise to the "appearance of corruption."  It
would seem that (assuming that someone in the Obama White House made
such a call), even if what they did was perfectly legal and part of a
give and take, having a government official in an administration closely
allied with the union representing a corporation's workforce call that
corporation and tell them to stop making advertisements that challenge
their government-subsidized competition at least gives rise to the
"appearance of corruption."  Nonetheless, we now learn that this
standard apparently does not apply to the government (or at least the
executive branch and at least under this administration), just those
outside of government who want to exercise their constitutional rights.

________________________________

From: law-election-bounces at department-lists.uci.edu
[mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of
JBoppjr at aol.com
Sent: Wednesday, September 28, 2011 7:10 AM
To: DEisman at CommonCause.org; BSmith at law.capital.edu;
law-election at uci.edu
Subject: Re: [EL] Check out Ford Pulls Ad Touting Bailout-Free
Success,After Calls fr...

    I am perplexed by the Common Cause response to this.  The First
Amendment protects citizens from government retaliation for their
political speech.  So it is a oneway ratchet. All citizens enjoy this
freedom against the government and it needs to be zealously guarded. So
this is not the "give and take" that "what we expect and welcome in a
free society."  This is antithetical to a free society.

    Unfortunately, there appears to be a partisan response to this
event, but such "questioning" of political speech by high ranking
governmental officials because of it content can occur with any
administration.

    Further, this demonstrates the danger of "mere-disclosure." Of
course, Ford cannot avoid it here, but it is inevitable that government
officials will want to threaten and intimidate their perceived "rivals"
and those who might criticize them. And, as if they needed the
encouragement, CC thinks that is just peachy.  Jim Bopp

In a message dated 9/27/2011 11:12:48 P.M. Eastern Daylight Time,
DEisman at CommonCause.org writes:

	One would think that folks who spend millions of dollars on ads
touting their "built Ford tough" trucks wouldn't be so easily
intimidated.

	-----------------------
	Dale Eisman
	Senior researcher/writer
	Common Cause
	1133 19th St. NW
	Washington, D.C.
	202 736-5788

	-----Original Message-----
	From: Smith, Brad [mailto:BSmith at law.capital.edu]
	Sent: Tue 9/27/2011 6:13 PM
	To: Dale Eisman; law-election at uci.edu
	Subject: RE: [EL] Check out Ford Pulls Ad Touting Bailout-Free
Success,After Calls from White

	I recall a few years back when reformers just howled and howled
and
	howled because Senator McConnell had the gall to urge
corporations not
	to support groups that sought to limit their First Amendment
rights.
	Russ Feingold took to the floor of the Senate, saying it "smacks
of
	intimidation."  Reformers were apoplectic. EJ Dionne even wrote
a
	column. I guess the "persuasive" power of government isn't so
scary when
	it's used against the other guy.

	Look, we welcome give and take in ideas. We don't welcome
private calls
	by the White House to people in heavily regulated industries,
competing
	against government owned companies, suggesting that maybe they
shouldn't
	be running their ads.

	Bradley A. Smith

	Josiah H. Blackmore II/Shirley M. Nault 

	  Designated Professor of Law

	Capital University Law School

	303 East Broad Street

	Columbus, OH 43215

	(614) 236-6317

	bsmith at law.capital.edu <mailto:bsmith at law.capital.edu> 

	http://www.law.capital.edu/faculty/bios/bsmith.asp
	<http://www.law.capital.edu/faculty/bios/bsmith.asp> 

	From: law-election-bounces at department-lists.uci.edu
	[mailto:law-election-bounces at department-lists.uci.edu] On Behalf
Of Dale
	Eisman
	Sent: Tuesday, September 27, 2011 4:34 PM
	To: JBoppjr at aol.com; rhasen at law.uci.edu; law-election at uci.edu
	Subject: Re: [EL] Check out Ford Pulls Ad Touting Bailout-Free
	Success,After Calls from White

	Since when is free speech a one-way street? Ford produced an ad
that
	took a shot at the President and one of his signature programs.
Some of
	the President's men took exception to that. Such give and take
is what
	we expect and welcome in a free society. 

	If there is evidence the President's friends used or threatened
to use
	the government's power  to silence or punish Ford, let's hear it
-
	please. All we've got here, so far anyway, is circumstance and
	assumptions.

	-----------------------------------------------

	Dale Eisman

	Senior researcher/writer

	Common Cause -- Holding Power Accountable

	1133 19th St NW

	Washington, D.C. 20036

	202 736-5788

	From: law-election-bounces at department-lists.uci.edu
	[mailto:law-election-bounces at department-lists.uci.edu] On Behalf
Of
	JBoppjr at aol.com
	Sent: Tuesday, September 27, 2011 2:28 PM
	To: rhasen at law.uci.edu; law-election at uci.edu
	Subject: [EL] Check out Ford Pulls Ad Touting Bailout-Free
Success,After
	Calls from White

	Click here: Ford Pulls Ad Touting Bailout-Free Success, After
Calls from
	White House - By Daniel Foster - The Corner - Nationa

<http://www.nationalreview.com/corner/278478/ford-pulls-ad-touting-bailo
	ut-free-success-after-calls-white-house-daniel-foster>  

	This is a reprehensible violation of freedom of speech by the
Obama
	White House and an example of what will happen to those who are
	"DISCLOSED" to be on the "wrong" side of government policy.  Jim
Bopp

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