Chicago Tribune: Campaign Finance Win a Boon to GOP; Ignores Labor Unions Also Happy

Photo of Ken Shepherd.

In its rush to paint yesterday's Supreme Court ruling that struck down an issue ad ban contained in the so-called McCain-Feingold Law, the Chicago Tribune described the case as a win for President Bush and the GOP, even though the Bush administration's lawyers lost the case in question and even though the case benefits liberal activist groups as much as it does conservatives. What's more, Bush's appointees to the court actually restrained the conservative majority from taking a bigger swipe at the campaign finance law.

Here's the lede from the Tribune staffer David Savage:

WASHINGTON -- The Supreme Court gave President Bush and Republican leaders two important 5-4 victories Monday by clearing the way for corporate-funded broadcast ads before next year's election and by shielding the White House's "faith-based initiative" from challenge in the courts.

Oh really? President Bush signed the campaign finance bill into law, it was his Federal Election Commission that pleaded and lost the case, and he's not able to run again for reelection, yet somehow he won yesterday by virtue of his Federal Election Commission losing?

What's more, Republicans, conservatives, and business interests can certainly benefit from the change in the law, but so can Democrats, liberals, and labor unions, a point that the Washington Post's Robert Barnes picked up on in his reporting, which tracked favorable reaction from labor and business leaders:

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AFL-CIO President John J. Sweeney cheered that "a majority of the court has finally and emphatically embraced the simple truth, that the First Amendment abides no law that suppresses independent speech about legislators and candidates, at least absent an explicit call for their election or defeat."

Steven J. Law, chief legal officer for the U.S. Chamber of Commerce, said the court sent a clear message that "regulating speech advertising in the name of reform may have gone too far."

The Tribune's Savage continued his slanted coverage by conjuring up supposedly nasty ghosts and ghouls of politics past, but he didn't explain why a return to more issue ads would be bad for voters, other than to spook readers with visions of big corporations and unions dancing in their heads:

The ruling in the election case is likely to be felt by voters starting early next year. It could mean a return to the 1990s when television viewers were often urged to "send a message" to an unspecified candidate about his or her stand on a certain issue.

These advertisements often were paid for with corporate or union money, and they were banned by the McCain-Feingold Act five years ago. The Supreme Court upheld the ban in a 5-4 decision before the 2004 election.

Of course, at no point did Savage mention that major corporate-owned media outlets like his newspaper [owned by the Tribune Company (NYSE: TRB)], were never included in the campaign finance reform bill, nor why their First Amendment protections are sacrosanct while corporate funding for interest group issue ads is not.

One final point of note. While Savage saw the ruling from the Court as a major victory for President George W. Bush -- who nominated conservative Chief Justice John Roberts and Associate Justice Samuel Alito-- the fact of the matter is that it was conservative-leaning justices appointed by Reagan and Bush the Elder who wanted to strike down more provisions of the law.

Again from Barnes of the Washington Post (emphasis mine):

Roberts established a new rule: "A court should find that an ad is the functional equivalent of express advocacy only if the ad is susceptible of no reasonable interpretation other than as an appeal to vote for or against a specific candidate."

While they agreed with the outcome, Scalia, Kennedy and Thomas called that test "impermissibly vague" and said the entire provision should be declared unconstitutional. Alito said he would be sympathetic to that if this test proved unworkable.

In other words, while Bush's conservative appointees were crucial to the 5-4 outcome, by no means were the Bush picks leading a wild-eyed charge at overturning the law before them. In deed, thanks to judicial restraint by Alito and Roberts, the rulings issued from the bench yesterday were relatively narrow in scope and precedent.

—Ken Shepherd is Managing Editor of NewsBusters


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Of course the liberal MSM is

Of course the liberal MSM is bitching about this revision. Under the original provision of McCain-Feingold, the only ones who could make political statements close to election time were select 527s and... THE MSM! They have recently grown accustomed to the raw power of playing a decisive factor in US elections, they certainly don't want to give it up. No one (at least no one honest) can argue that the MSM wasn't a major contributing factor to the Democrat takeover of congress in November. They obviously liked the taste...

The Closed Mind Erects Strong Barriers

Reason the Media is upset over Ruling

The reason the media is upset over the Supreme Court ruling is because it takes the power from their one sided propaganda machine and turns it back to the people.

Now unions (I hated unions in the past as they helped destroy American industry and are bleeding car companies dry now) and Americans of all sorts can run the debate instead of a scowling Katie Couric or thoughtful Brian Lamb.

Unions when they wake up and realize it was Bill Clinton who cut the deal which democrats backed which sent all the jobs overseas and opened the illegal flood gates perverting NAFTA will be a great asset to helping elect candidates which will be pro American worker. There is nothing wrong with that.

Conservatives now will be able to point out all the dirt, lies and mayhem that people like Tom Daschle conned the dupes of South Dakota over for decades. Now invalid Tim Johnson can be exposed as a liar, his staff falsify press releases saying they are from "Tim" and ads can come in looking at just who is funding all the bills.

South Dakota is a cesspool of democratic crime from stolen elections to the infamous Stephie Herseth illegally using her staff to subvert a pro life bill last year.

This is what the media is furious over as they have been able to cap local elections by lying to the people and allowed only in the George Soros garbage that attacks people like Republican Norm Coleman of Minnesota and backing Al Franken.

Now it has all changed and the torch light of Truth is about to clean up what is going on in every state. Hollywood might have millions, but once they have to start fighting Patriot fires all across America their reserves will bleed dry and all that they will have left is Ben Afleck spewing 4 letter words for his thoughts.

Any time the media or democrats are frowning it is a good thing for all of America.

*HIC IACET ARTORIVS REX QVONDAM REXQVE FVTVRVS

You said a lot for me Lame Ch

You said a lot for me Lame Cherry....

Btw...the Union vote lost today in the Senate.

Thank goodness.

Media and ACLU

"Any time the media or democrats [liberals] are frowning it is a good thing for all of America."

Almost 100% of the time I can gage if my stance is right or not on an issue by just taking the opposite position of the ACLU. When the ACLU loses a battle, it is a good thing for America.

If conservatives are RIGHT, then liberals must be WRONG.
Thompson/Rice

There is currently a bidding

There is currently a bidding war for naming rights of the United States of America.

Exxon/Mobil, Wal-Mart, General Motors and Conoco Phillips are currently the frontrunners to buy the naming rights of the Nation's "official" title.  When inacted the U.S. will be formally known as "Wal-Mart's United States of America" etc.  As this change takes place, our currency will be abolished and only credit cards with the "winners" name and logo will be accepted as payment. 

Two questions. I'm not asking

Two questions. I'm not asking these to make a rhetorical point, I genuinely don't know the answers, and I'd like to know. I'm not a lawyer.

  • What's the legal reason why a media corporation, through their editorial board, can openly advocate a candidate, but a commercial corporation can't put out an ad that does the same thing? What's the difference?
    Note: I doubt the answer is that the media corporation is covered by freedom of the press. Why? Because freedom of the press is nothing but a corollary of the freedom of speech. They're covered by the same clause in the same Amendment, and the freedom is the same. The press is nothing but an organized group of individuals expressing themselves, and the group freedom is the same as the individual freedom. Calling them "the press" adds nothing to the right.
  • Does the same law apply to the internet? If an internet site openly advocates its readers to vote for a specific candidate, is the site addressed by the same law?
    Again, I doubt it, because we have plenty of the candidate's own websites. Some are even named Vote-for-Whoever.com.  But that raises the question, what's the difference between a media corporation endorsement, an internet site's home page, and a broadcast ad?

I may very well be wrong about my assumptions. But from what I recall, the Supreme Court has traditionally equated the freedom of speech with the freedom of the press, and have never made a distinction. Even the Pentagon Papers case left the equation intact. But I may be wrong.

<sound of crickets chirpin

<sound of crickets chirping> Won't anyone help this poor man, and answer his question?  </sound of crickets chirping>

I'll make a brief attempt to

I'll make an attempt to answer.

What's the legal reason why a media corporation, through their editorial board, can openly advocate a candidate, but a commercial corporation can't put out an ad that does the same thing? What's the difference?
Note: I doubt the answer is that the media corporation is covered by freedom of the press. Why? Because freedom of the press is nothing but a corollary of the freedom of speech. They're covered by the same clause in the same Amendment, and the freedom is the same. The press is nothing but an organized group of individuals expressing themselves, and the group freedom is the same as the individual freedom. Calling them "the press" adds nothing to the right. - 
"Freedom of the press" refers to the guarantee by a government of free PUBLIC press for its citizens and their associations, extended to members of news gathering organizations, and their published reporting. It also extends to news gathering, and processes involved in obtaining information for public distribution. The problem with this bill is that, while protecting the abuse, partisanship, and advocacy our MSM continues to perpetrate, it violates the  prohibition on the federal legislature from making laws that infringe the freedom of speech, which is the concept of being able to speak freely without censorship. By allowing the media and select 527s to make political speech while denying anyone else the same violates the intent and the letter of the 1st.

Does the same law apply to the internet? If an internet site openly advocates its readers to vote for a specific candidate, is the site addressed by the same law? Again, I doubt it, because we have plenty of the candidate's own websites. Some are even named Vote-for-Whoever.com.  But that raises the question, what's the difference between a media corporation endorsement, an internet site's home page, and a broadcast ad? - Technically, a US entity, be it a corporation or structured organization (i.e. the NRA, Swiftboat, abortion or anti-abortion advocacy groups, ect.) making political for-or-against ads regarding politicians are bound by the bill. While it is difficult at best to enforce, and the simple action of obtaining a foreign url for the site will negate the bill, it is still prohibited. As for candidates web sites, they are excluded from any provisions of the bill as related to speech.

The supposed intent of the bill as pertains to corporations was to eliminate thousands or millions of dollars to be spent by said corporations on behalf of candidates. Unfortunately, the bill doesn't take into account issue partisanship such as grassroots organizations, and only allows information flow from the media, seriously partisan 527s, and the candidates themselves (which falls back on who has the most money). Essentially everyone else is gagged from 30 -60 days before an election, depending on whether it is a primary or general election.

The Closed Mind Erects Strong Barriers

OK, I appreciate the answer.

OK, I appreciate the answer. I suspected there were some provisions in the McCain-Feingold legislation that addressed these issues, but I wasn't aware of them.

However, forgive the philosopher in me ... what's the difference between (a) a profit-seeking corporation that publishes reporting and opinion as its product, and (b) any other commercial corporation that issues news and opinion simply  because it wants to? They're both public corporations, they're both seeking profit, and they both issue news and opinion. In essence, what makes any organization an official and legal member of the press?

Why can the press issue candidate endorsements but no one else can?

Again, this is not a rhetorical question. I don't think there is any difference, but I freely admit I might be wrong. Am I wrong?

You're right on in your perce

You're right on in your perception that there is no difference. But the MSM and the politicians have artificially created a difference between the media and everyone else.

If a person or organization has knowledge of someone's criminal activity but refuses to divulge that information, they can be, and usually are, arrested and prosecuted for obstruction of justice and other charges. If the media does the EXACT same thing, they claim journalistic priveledge and are usually given a pass.

If a person spreads untrue derogatory information about someone else, they can be, and usually are, at the very least sued for libel. If the MSM does the EXACT same thing, absolutely nothing ever comes of it.

If a group of people or netroots organization wants to endorse or oppose a particular candidate based on said candidate's stance on issues or past performance, under McCain/Feingold, they can't say a word 30-60 days before the election. They can't even refer to specific legislation while leaving the candidate's name out. Yet the MSM can hype good or bad specifics on the candidates themselves, past actions, statements made, and legislation or other issues up until the polls close. In other words, the MSM can say virtually anything they want, and ignore anything they want, thus becoming a singular partisan source of information on a given election, with little or no rebuttal.

The danger in this is the power it gives the media. They can, and have, DIRECTLY affected the outcome of political elections through their biased reporting, and they LIKE THE POWER. Most opposition to media bias is gagged by McCain/Feingold.

While there is danger in allowing unfettered publicity to be paid for by corporations and such on behalf of a candidate, the restriction to free speech and unrestricted power given the press is far more dangerous.

The Closed Mind Erects Strong Barriers

Thanks for the thoughtful ans

Thanks for the thoughtful answer.

As far as I know, there is no Supreme Court decision or constitutional clause or rule that explains what a news organization is, or why they should have privileges that ordinary citizens don't have. It's all the same as individual free speech. This is the philosophical basis against McCain-Feingold, as well as giving journalists a shield law, as well as other issues.

Someone might suggest that, come on, we all know the difference between a real news organization and a group of single-issue whackos, but that's my point. It begs the question. It assumes that there really is a difference between a media corporation and everyone else, and that the media should be treated differently. I don't think there's any difference in the first place, and they shouldn't be treated differently. If the White House wants to issue a press pass to NBC, fine, but let's not kid ourselves that they must issue one because NBC is different from Harry down the street. It's merely a politically convenient decision.

The press has no more rights than you or I do.