Subject: Re: [EL] Senator Feingold |
From: "Pildes, Rick" <pildesr@exchange.law.nyu.edu> |
Date: 11/2/2010, 3:34 PM |
To: "election-law@mailman.lls.edu" <election-law@mailman.lls.edu> |
Sen. Feingold's statement that $2 million has been spent against
him that would not have been legal to spend but for the Citizens United
decision raises a more general question: how does Sen. Feingold know this is
corporate money funding these ads? I assume what Sen. Feingold is doing here
is treating all spending by non-party groups as if this was spending by
corporate entitties that would have been banned before Citizens United. If
these ads have been run by the Chamber of Commerce, he would be right, since
their donors are all corporate entitites -- and assuming all the ads he's
referring to are the kind of electioneering ads that would have been off limits
to general corporate treasury funding before CU. But if these ads have been
run by virtually all of the other independent groups other than the Chamber, we
do not know the source of the contributions. That, of course, has been a major
source of complaint. In addition, some of the news stories that have uncovered
some of the major donors to these groups report the donors to be wealthy individuals,
such as Perry in Texas, the Koch brothers, and other Texans. But all of that
money could have been contributed and spent in exactly the same way before
Citizens United. I've seen a lot of media coverage of independent group
spending in this election cycle that similarly seems to treat all outside group
spending as spending that would have been prohibited before Citizens United.
This is a mistake, though it's been repeated so often as to be conventional
wisdom. We simply aren't in a position to know at this point, without full
disclosure, how much of this money is flowing in this time around as a result
of CU -- other than the clear corporate money, as with the Chamber, or with the
union spending on electioneering ads.
Richard H. Pildes
Sudler Family Professor of Constitutional Law
Co-Director, NYU Center on Law and Security
NYU School of Law
40 Washington Sq. So. NYC, NY 10012
(o) 212 998-6377
(cell) 347-886-6789