Monday, January 30, 2012

Gingrich emailing

Over this weekend, I did a lot of emailing of the following email message in our Birmingham metropolitan area:

Subj: Gingrich and amending the First Amendment
To Whom It May Concern:

Newt Gingrich is now the poster boy in Florida for the evil of influence peddling and a symbol of the culture of corruption in Washington DC.

There is a movement afoot that has concluded Congress and the United States Supreme Court cannot and/or will not fix the corrupt political system on their own, and the people need to rise up and force Congress to amend the First Amendment so that it applies only to human beings; and that is the only way for the American people to reclaim their government.

Both the Republicans and the Democrats have their pyramidic structures. Those at the top of the pyramids (the politicians; the CEO's, union leaders, non-profit and government agency heads, etc., of the special interests; and the Washington lobbyists) profit stupendously from the corruption. Those lower down and most ordinary citizens are net losers from the corruption. The tops of the pyramids are very happy to divide up the spoils and don't want those lower down in their two pyramds (or from outside the pyramids) to unite and overthrow the tops of the pyramids. Thus, the tops keep the lower downs embattled, one side against the other.

The movement to amend the First Amendment would like Florida voters to question the Republican contenders about their views on the culture of corruption in Washington and amending the First Amendment as a solution. The Republican contenders are operating at the top of the Republican pyramid, the movement to amend is just starting to push from the grassroots up, and the movement is not going to get much recognition this week in Florida.

Nonetheless, the movement to amend wishes to try to utilize the national attention focused on Florida this week to continue to publicize in all parts of the country the case for amending the First Amendment.

Thank you.

Sincerely,
Rob Shattuck
Birmingham, Alabama, organizer for Move To Amend
Independent candidate for Congress in the Alabama 6th district (link)

Friday, January 27, 2012

Smith WSJ editorial

  • The Wall Street Journal
  • JANUARY 22, 2012, 6:16 P.M. ET

The War on Political Free Speech

Two years after the Supreme Court's Citizens United ruling, the campaign to silence opponents is becoming more censorious.

Two years ago the Supreme Court upheld the right of an incorporated nonprofit organization to distribute, air and advertise a turgid documentary about Hillary Clinton called, appropriately enough, "Hillary: The Movie." From this seemingly innocuous and obvious First Amendment decision has sprung a campaign of disinformation and alarmism rarely seen in American politics.
From the start, reaction to Citizens United v. Federal Election Commission has bordered on the hysterical. Rep. Alan Grayson (D., Fla.) called it the "worst decision since Dred Scott"—the 1857 decision holding that slaves could never become citizens. In his State of the Union message, within days of the ruling, President Obama lectured Supreme Court justices in attendance that they had "reversed a century of law" to allow "foreign companies to spend without limit in our elections." Neither statement was true.
In 1907, Congress passed a law—the Tillman Act, named for segregationist South Carolina Sen. "Pitchfork" Ben Tillman—prohibiting corporations from contributing to political campaigns. This law was extended to unions in 1943, and in 1947 a provision of the Taft-Hartley Act extended the prohibition to cover spending done independently of campaigns.
Citizens United overturned only the 1947 independent-spending restriction, not the earlier prohibition on corporate contributions to campaigns. Not until 1990 did the Supreme Court uphold a prohibition on corporate political expenditures independent of campaigns. Citizens United, therefore, overturned not "a century of law," but a precedent 20 years old.
Moreover, the court specifically noted that it was not ruling on the viability of the prohibition on foreign political spending—and earlier this month it summarily upheld a lower-court ruling finding that the prohibition on foreign political expenditures was constitutional.
Meanwhile, regardless of the 1947 federal law, the majority of states—including many of the best governed, scandal-free states such as Virginia, Utah, Oregon, Florida and Washington—have long allowed unlimited corporate spending in state elections.
None of this has slowed the decision's critics. Then-Senate Judiciary Committee Chairman Patrick Leahy (D., Vt.) began a committee hearing in September 2010 by arguing that in his small state, "it's easy to imagine corporate interests flooding the airwaves. . . . The rights of Vermonters . . . to be heard should not be undercut by corporate spending." Vermont has never prohibited corporate spending in state elections, yet it survived with its citizens' rights intact.
Mr. Leahy, at least, limited himself to foolish remarks. His junior colleague, Bernie Sanders (I., Vt.), proposed a constitutional amendment last month that would not only prohibit corporations from speaking on political elections, but would prohibit any group of citizens organized "to promote business interests" from speaking about elections. Presumably, this could extend to everyone from the Heritage Foundation and the National Federation of Independent Business to the Republican National Committee and local citizens organizing against a sales-tax referendum.
Because most newspapers are incorporated, UCLA law Prof. Eugene Volokh believes that the Sanders Amendment and a companion bill in the House would even authorize the government to prohibit newspaper editorials about elections.
A national coalition, Move to Amend, seeks a constitutional amendment providing that "artificial entities, such as corporations, limited liability companies, and other entities . . . shall have no rights." The coalition seems oblivious to the fact that this would apply to campaign committees and nonprofits such as the NAACP and the Sierra Club, and would allow legislatures to make the advocacy of Move to Amend's goals illegal for most of the coalition's "endorsing organizations" (which are themselves corporations).
These amendments are based on the leftist cry that "corporations aren't people," but the Supreme Court has never said that they are. "Corporate personhood" is a legal fiction that allows natural people to sue and to be sued, to own and transfer property, and to carry on their affairs as a group. Corporations have rights because the people who own them have rights.
As Chief Justice John Marshall explained nearly 200 years ago in Dartmouth College v. Woodward, corporations allow "a perpetual succession of many persons . . . to manage [their] affairs and to hold property without the perplexing intricacies, the hazardous and endless necessity, of perpetual conveyances for the purpose of transmitting it from hand to hand." The legal concept of a corporate "person" has been with the United States since its founding, recognized in literally hundreds of Supreme Court decisions.
If Move to Amend got its way, police could search businesses, unions, clubs and nonprofits at will, without a warrant. The state could seize business property without due process or just compensation, leaving pension funds and individual shareholders holding worthless stock. Partnerships and corporations would have no legal rights in court. Incorporated churches would have no right of worship.
The absurdity should be obvious. Yet city councils around the country, including New York and Los Angeles, have passed resolutions calling for such an amendment.
Super PACs have become the latest villain du jour of the anti-speech crowd, which plays off the general public distaste for the political rancor that surfaces every election year. Critics including Mr. Sanders say that Super PACs don't disclose their donors and rely on "secret" money. This is simply not true. Super PACs, like the traditional political action committees that have existed for decades, disclose all expenditures and all donors over $200.
There are organizations that spend on politics but don't disclose their donors: traditional nonprofits such as the NAACP, the NRA and Public Citizen. These groups have never had to disclose their donors—and the Supreme Court, over 50 years ago, upheld their right to keep supporters anonymous. But reformers intentionally seek to blur the lines between these traditional groups and Super PACs in order to whip up criticism of Citizens United.
The goal of this misinformation is clear. Reformers, who sit mainly on the political left, and their Democratic Party allies hope to silence voices that they perceive to be hostile to their political interests.
Two years after Citizens United, American democracy seems as robust as ever. This may be what its critics fear most—a vibrant debate that they cannot control and fear they will lose.
The U.S. government argued in Citizens United that it had the right to ban the publication of books, pamphlets and movies that advocated the election or defeat of a candidate if they were produced or distributed by unions or corporations, such as Random House, Barnes & Noble and DreamWorks. That position is the one that deserves scorn. Fortunately, no new amendment was needed to defeat it—only the First Amendment and a Supreme Court willing to uphold it.
Mr. Smith, who served as commissioner of the Federal Election Commission from 2000 to 2005, is chairman of the Center for Competitive Politics and professor of law at Capital University.

Thursday, January 26, 2012

WSJ editorial comment

I posted on this Wall Street Journal online webpage the below comment concerning a January 22, 2012 editorial entitled "The War on Political Free Speech," by Bradley Smith:

[text of posted comment]


How about the below as a campaign financing system?


Only human beings can make campaign contributions to candidates. There would be no dollar amount limits on such campaign contributions. There would no "bundling" allowed, and all contributions would be required to be made on the donor's credit card or by check mailed to the candidate or by cash given against a written receipt. Subject to possible provisions for allowing anonymous contributions to candidates (discussed below), names and addresses of donors, and amounts of contributions would be posted promptly on the internet. It would be a felony for a human being to receive compensation or payment from a corporation pursuant to an understanding that the employee or other natural person would make a campaign contribution to a candidate.

There needs to be debate about whether a human being should be able to make campaign contributions on an anonymous basis. There can be legitimate concern about retaliation by other members of society who disagree with what the donor's objectives are in making his or her contribution, and there can even be concern about retaliation by lawmakers and governmental regulators against donors by reason of their campaign contribution. To address this concern, there could be a governmental Campaign Contribution Remittance Agency, which would receive campaign contributions from human beings who would be identified in the confidential records of the agency and would pass along the contribution to the identified candidate accompanied by such statement of purpose of the contribution as the human being wished to make. The amount of the contribution, the candidate it is for, and the statement in question would be posted on the internet.

No dollar amount limit on campaign contributions by human beings does mean that there will not be equal free speech. Human beings with more money can make larger campaign contributions and it can be expected that candidates will pay more attention to what those human beings are saying than to other human beings making small contributions.

Congress regulates the campaign and electioneering speech of corporations and other entities and has a "Truth in Political Speech" law that says corporations and other entities, in their speech, shall not say anything that is false or misleading or fail to state a material fact that a voter or a lawmaker or other target of the speech would consider relevant in making a voting or other decision based on or taking account of the statements that the corporation makes in its electioneering speech. This is a well known standard that is used in the securities laws that in the selling of stocks, bonds and other securities in order for investors not to be misled or deceived in making their decisions to buy the investments in question. Much effort goes into making sure that information in offering documents is accurate and truthful.

In the securities law, there are "forward looking statements" that are based on management’s expectations, estimates, projections, and assumptions, and that the securities law requires to be made in ways that keep in front of the investor the uncertainties that attend expectations or projections about future events. As a result, such statements are accompanied by caveats saying that actual future results and trends may differ materially from what is forecast. This could have analogous application in electioneering speech of corporations and other entities.

Candidates and other human beings would not be subject to this truthfulness standard concerning their political speech. There could, however, result in significant improvement of the political speech of candidates and other human beings if corporations and other entities were making electioneering speech that was subject to the truthfulness standard. Candidates could then questioned about their statements by reference to the electioneering speech that is subject to the truthfulness standard, i.e, "You candidate X say doing this (e.g., a $100 billion stimulus program will reduce unemployment by 1% point). What support for your statement can you point to in the electioneering speech of a corporation or other entity that is subject to the truthfulness standard that lines up with what you say. If you can't, why should we voters believe what you say or even think that you yourself believe it?"

Subject to the above truthfulness standard, corporations and other non-human being entities could expend funds to advertise their positions on laws and other governmental mattes that affect their economic interests and to urge employees, customers and others (who are human beings) to make campaign contributions to specified candidates. All such advertising and communications shall identify the corporation, etc., expending the funds, and there shall be filing of reports and posting on internet about such expenditure of funds and activities.

Wednesday, January 25, 2012

Florida primary week

I am working with Move To Amend's Florida organizers to to try to take advantage this week of the national attention on Florida in order to try to publicize to the grassroots in Florida the movement to amend the Constitution.

This is the form of email I am pushing for use in Florida

Subject: Gingrich and amending the First Amendment:
To Whom It May Concern:
Newt Gingrich is now the poster boy in Florida for the evil of influence peddling and a symbol of the culture of corruption in Washington DC.
There is a movement afoot that has concluded Congress and the United States Supreme Court cannot and/or will not fix the corrupt political system on their own, and the people need to rise up and force Congress to amend the First Amendment so that it applies only to human beings; and that is the only way for the American people to reclaim their government. 
Both the Republicans and the Democrats have their pyramidic structures.  Those at the top of the pyramids (be they the politicians; the Presidents, CEO's, chairpersons, and other leaders of the special interests; or the Washington lobbyists) profit stupendously from the corruption.  Those lower down and most ordinary citizens are net losers from the corruption.  The tops of the pyramids are very happy to divide up the spoils and don't want those lower down in their two pyramds (or from outside the pyramids) to unite and overthrow the tops of the pyramids.  Thus, the tops keep the lower downs embattled, one side against the other.
The movement to amend the First Amendment would like Florida voters to question the Republican contenders about their views on the culture of corruption in Washington and amending the First Amendment as a solution.  The Republican contenders are operating at the top of the Republican pyramid, the movement to amend is just starting to push from the grassroots up, and the movement is not going to get much recognition this week in Florida.
Nonetheless, the movement to amend wishes to try to utilize the national attention focused on Florida this week to press the movement's case for amending the First Amendment.  This email is being sent to you in that vein.
Thank you.
Sincerely,
The above has been emailed to Lee County Democrats, several Florida Tea Party groups, and Florida GOOOH district contacts.

Other suggested forms of communication will be posted as they are developed.

Tuesday, January 24, 2012

City Council resolutions

A tenet of my national battle plan is that the only way corruption and gridlock in Washington DC will be meaningfully curtailed is by pressure from the grassroots up.  Congress is needed to approve an amendment to the First Amendment but Congress is too high up in the corruption pyramid and will never act on its own.  Lower down governing bodies, such as city councils, are more amenable and responsive to ordinary citizens, and around the country they are starting to take up the cudgels for the citizens by such things as resolutions in support of amending the First Amendment.  See this list of news items that includes city council actions in Portland ME, Portland OR, New York City, Pueblo CO, Duluth MN, Los Angeles, Missoula MT, and Boulder CO.


I am in the process of requesting my city council (my city is Mountain Brook, Alabama) to approve a resolution in support of a Constitutional amendment. See this link. 


I am emailing others in my metropolitan area encouraging them to make similar requests to their city councils. 

Nationwide letter writing; tracking

I have proposed to the Move To Amend organization, and have contacted most of the local organizers of the  January 20 Occupy the Courts event, that there should be a nationally coordinated letter writing campaign in which all the Senators and Representatives are asked about their position on approving an amendment to the First Amendment and such amendment being put out to the 50 state legislatures for ratification. I have suggested such a campaign should be accompanied by a "tracking" webpage on Move To Amend's website, which webpage would track letters and other inquires going out to Senators and Representatives and the responses that are received from Senators and Representatives. Such a tracking webpage should have good publicity value and also contribute to grassroots pressuring to get needed Congressional action.

I have put out the same idea to Public CitizenPeople For the American Way, and Get Money Out / United Republic.

I have received numerous favorable responses and reactions from Move To Amend local organizers and others.

Saturday, January 21, 2012

Request to Mountain Brook City Council

I am submitting the below request to the Mountain Brook City Council:



To the City Council,

I respectfully request that the City Council consider and vote upon a resolution that calls upon Senators Shelby and Sessions and Representative Bachus to use their legislative offices to try to have Congress debate and approve an amendment to the United States Constitution that limits the First Amendment to human beings.

Such a resolution by the Mountain Brook City Council would be in line with resolutions and other actions taken by City Councils of other cities around the country.  See the following webpage on the Internet: http://movetoamend.org/news

In the interest of full disclure, please be advised that I am trying to get on the November ballot as an independent candidate for the United States House of Representatives from the 6th Congressional District, and amending the First Amendment is a chief plank in my platform.

Thank you.

Sincerely,
Rob Shattuck
3812 Spring Valley Circle
967-5586