I too am confused about the SWP exemption proposed here, for different reasons. Since the results of the audit are not supposed to be made public (absent wrongdoing), the rationale for the current SWP exemption for disclosure would not seem to apply. Is the concern that those with access to the confidential information might try to use it to damage, embarrass, or harass the SWP? But I hardly think the SWP is alone in this fear, and in fact I think other, more mainstream groups have a more reasonable fear. Ask yourself, who would the Bush or Obama administrations get more mileage out of damaging - the SWP and John Birch Society, or the Sierra Club and the Chamber of Commerce?

And while Rick may be talking about random audits, right now the general conversation seems to be revolving around audits, FEC inquiries, and criminal investigations triggered by the requests of politicians and their allies, based in the case of the Chamber on little more than free association and conjecture remeniscent of John Nash's efforts to decode secret messages from Soviet spies cleverly hidden in newspaper headlines (note that Rick does not appear to be among this group).

Sean

Sent from my Verizon Wireless BlackBerry

---

From: Steve Klein <stephen.klein.esq@gmail.com>

Date: Fri, 8 Oct 2010 17:46:34 -0600

To: <rick.hasen@lls.edu>

Cc: <sparnell@campaignfreedom.org>; Election Law<election-law@mailman.lls.edu>

Subject: Re: [EL] disclosure and the Chamber

Re the SWP: There's nothing like establishing a record of gov't harrassment before you have the First Amendment to fall back on. What counts for gov't harassment these days? I would think a random audit based on the sole fact that an association is engaged in political activity meets the definition.

Do you have a definition of "large scale political activities," or will the IRS/FEC just know it when it sees it? I suspect once the regulators get involved, many will be very surprised how small a large scale operation can get.

As discussed earlier, does the policy of the FEC only disclosing small donor information to the public if it finds wrongdoing by said association attenuate the chill for small donors? I think not.

Steve Klein
Wyoming Liberty Group
www.wyliberty.org

On Fri, Oct 8, 2010 at 5:28 PM, Rick Hasen <hasenr@gmail.com> wrote:

 I don't know that the debate has "moved," but I've believed in the
idea of random audits of those engaged in large scale political
activities (again, with the information disclosed only to the gov't
agency, and not to the public), since I saw Republican concern voiced
about the Obama donations in 2008 and whether they could include
improper source donations in amounts the campaign reported as under $200
per individual contribution.  This audit requirement would be subject to
as-applied exemptions for groups like the Socialist Workers' Party, who
can show a record of gov't/other harassment.

Rick

On 10/8/2010 4:24 PM, sparnell@campaignfreedom.org wrote:
> Am I reading you correctly, Rick, that the debate has moved beyond the idea that donations/revenue to groups engaging in political speech should generally be disclosed, and that audits of groups engaged in political speech should be the new norm?
>
> I'm kind of hoping I misread that.
>
> Sean
>
>
> Sent from my Verizon Wireless BlackBerry
>
> -----Original Message-----
> From: Rick Hasen<hasenr@gmail.com>
> Sender: election-law-bounces@mailman.lls.edu
> Date: Fri, 08 Oct 2010 12:36:26
> To: Allison Hayward Gmail<allisonhayward@gmail.com>
> Reply-To: rick.hasen@lls.edu
> Cc: 'Election Law'<election-law@mailman.lls.edu>
> Subject: Re: [EL] disclosure and the Chamber
>
>_______________________________________________
> election-law mailing list
> election-law@mailman.lls.edu
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--
Rick Hasen
William H. Hannon Distinguished Professor of Law
Loyola Law School
919 Albany Street
Los Angeles, CA  90015-1211
(213)736-1466
(213)380-3769 - fax
rick.hasen@lls.edu
http://www.lls.edu/academics/faculty/hasen.html
http://electionlawblog.org


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