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DISCLOSE ACT: Flawed But Needed Desperately

Category: GOP Politics
Posted: 07/30/10 15:34

by Dave Mindeman

There is a lot of ways to look at the coming onslaught of corporate donations. This flap with Target's corporate donation is giving us a preview of the arguments to be made.

I always hate the contention that unlimited money donations is akin to free speech, but we have a Supreme Court that seems to side with that interpretation, so we are stuck with it for now.

However, the flip side of that needs to be addressed. We should be entitled to know who is making those large contributions and to whom.

After all, a democracy is only as good as its informed electorate and when making voting decisions, an important aspect of what we need to know involves public record of large donors to any particular campaign.

Too often, in the past, the campaign finance laws that existed were circumvented by PAC groups disguised with inocuous names, funded by deep pocketed individuals, with stealth political agendas.

So, as the deeper pockets of corporate fingers grasp the neck of campaign finance, shouldn't our free speech rights to know and protest such massive contributions be part of the debate as well?

Which brings us to the DISCLOSE ACT (or as explained by the full name..... Democracy is Strengthened by Casting Light on Spending in Elections Act).

This legislation would not block corporate donations, but it would, by force of law, make sure that who was giving was public knowledge. And, although this legislation has passed the House, the Republicans have a filibuster in play (again..).

If corporate donations are free speech, then why is it important that it NOT be public knowledge? Could it be that corporations are afraid of public displeasure from customers and stockholders?

The DISCLOSE ACT does have some problems:

Exemptions made for large, long-standing, non-profit groups which would not fall under the bill's disclosure requirements, such as the NRA, the AARP, and the Humane Society. The exemption was included in the House in order to gain support from moderates and conservatives.

Republicans are using these exemptions to argue against the bill and I have to say that I am troubled by them as well. There should be no exemptions....for any reason.

But it shows us how broken the methods of moving legislation have become. To even get this bill to the floor, these special interest groups had to be appeased....especially the NRA.

But, even with the flaws in this bill, we need to have this in place. Corporations are just going to move their giving to groups that do not disclose their donors. They will become conduits to finance agendas that promote their corporate or political interests. They will use profits gathered from you and me and then use that money to promote policies that could hurt you and me.

Transparency is really our only protection. And so far, that protection is hard to see through.
comments (4) permalink
08/30/10 11:37
found your site on del.icio.us today and really liked it.. i bookmarked it and will be back to check it out some more later
 
08/27/10 22:25
good article
 
07/31/10 20:34
Great information! I’ve been looking for something like this for a while now. Thanks!
 
snochasr
07/31/10 08:47
Whatever happened to freedom of association? The average person with $50 to contribute can't put up a 30-second TV ad, but joining with thousands of others in a non-profit (or FOR-profit) organization, he can. And it is freedom of speech when they do it.

The problem with DISCLOSE is that it doesn't just require disclosure; it outright PROHIBITS free speech by non-favored groups. If you want to fix the campaign finance laws, just eliminate all of them and require full public disclosure of any political gift of over, say, $1000. Then those of us who object strongly to, say, Target's choice of candidate or issue can vote the other way, and those of us who think Target knows what's what can vote with them. It's kind of like having endorsements, and I can even imagine candidates turning back money from unsavory characters so as not to have their campaigns tarnished by that support. And that's a good thing.
 
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