[EL] exchanges on disclosure, Fortune 500 election-related contributions etc.

[Roy Schotland]

May I suggest that one -the most crucial-- point has been missing from
the exchanges and the endless newsclips about "outside spending" and
disclosure:  What If Anything can be done?  

If anyone is betting on action by Congress, I'd like other side of that
bet.  BUT what is it about us academics that's so fixated on the Feds?
Does anyone believe there are NO States in which effective disclosure
law can be enacted?  (Are there any States with effective law now?
Every time I ask, I've been referred to places that suffer the old
magic-words hurdle.  And does anyone require disclosure of sources for
funding non-broadcast action?)  Effective disclosure in even a single
State can be so significant.  E.g., in Michigan, where savvy soul Rich
Robinson looks at actual TV contracts, here's last week's report by
Michigan Campaign Finance Network:

"...The television ad war has been a one-sided attack against the
administration and policies of President Barack Obama, funded by 501-c-4
nonprofit "social welfare" corporations that will not disclose their
donors. Americans for Prosperity, American Future Fund, 60 Plus
Alliance, American Energy Alliance and Crossroads GPS have spent $5.8
million for candidate-focused "issue" advertisements designed to
emphasize one issue: The unsuitability of Barack Obama to be reelected
president."  [emphasis added.] 

           "... Americans for Prosperity began the campaign in January
and stopped its advertisements 31 days prior to the Michigan
presidential primary election on February 28th, one day before a
disclosure window opened that required reporting of donors to committees
sponsoring 'electioneering communications.' ... American Future Fund
picked up the attack campaign the day after the presidential primary,
when the disclosure window for electioneering communications was again
closed. American Future Fund was followed in succession by 60 Plus
Alliance and American Energy Alliance. After a brief hiatus over the
Easter holiday, American Future Fund and Americans for Prosperity
returned to the air, ....  The relay-style campaign ran until May 18th
and all parties used the same advertising agency, Mentzer Media
Services.  On May 17th Crossroads GPS, another 501-c-4, assumed the
advertising campaign. Crossroads GPS ... ran a four-week $2 million ad
blitz that ended June 19th."

Re the anti-disclosure views, this brief bit:  The Financial Times last
Friday had this line (from one of their leading columnists) about
"cronyism":  "What all forms of cronyism share is a passion for secrecy
and a hatred of open discussion."  Adding my view: if there were more
substance to the fears of disclosure, I'd say that everything in life
has pluses and minuses; but there have been fine postings about how
little substance there is.  I'm so old-fashioned that I'm for disclosure
of all significant-size activity, whichever side gains-- and if needed,
tailored to safeguard against retaliation.  

Roy A. Schotland

Professor Emeritus

Georgetown Law Center

600 New Jersey Ave. N.W.

Washington, D.C. 20001

202/662-9098

        fax: -9680

 

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