By: Ruth Marcus, Opinion Writer, The Washington Post, October 4, 2011
Hank Williams Jr. Doesn’t Quite Get The First Amendment
ESPN will no longer air Hank Williams Jr.’s song at the beginning of Monday Night Football, it was announced today. Will MNF survive? Ha, of course it will. Nobody cares about that song. ESPN could play literally any song in the world before Monday Night Football, and the experience would be just as good. Please just don’t use this song. We can’t take it anymore.
Amusingly enough, both ESPN and Williams took credit for the split. ESPN, in a statement, said, “We have decided to part ways with Hank Williams Jr. We appreciate his contributions over the past years. The success of Monday Night Football has always been about the games and that will continue.” Williams, meanwhile, posted this note on his website, once again capitalizing whatever words he felt deserved capitalization.
“After reading hundreds of e-mails, I have made MY decision. By pulling my opening Oct 3rd, You (ESPN) stepped on the Toes of The First Amendment
Freedom of Speech, so therefore Me, My Song, and All My Rowdy Friends are OUT OF HERE. It’s been a great run.”
Williams makes a common mistake here. His “First Amendment Freedom of Speech” was not “stepped on” by ESPN. Williams was and is free to make whatever Hitler analogies he so desires. He can write a new country song called “President Obama Is Just Like Hitler” if he wants to and play it at his next concert. But ESPN isn’t bound by the First Amendment to associate with him. The First Amendment doesn’t protect anyone from the repercussions of their own stupidity.
By: Dan Amira, Daily Intel, October 6, 2011
“We Are The 99%” But The 1% Buy Elections
As the “Occupy” protests spread across the country with the slogan “we are the ninety-nine percent,” two reports released this week demonstrate how the top one percent are playing an increasingly outsized role in American elections.
The New Yorker reports on a conservative multimillionaire’s successful efforts to buy North Carolina’s elections, and a report from campaign finance reform groups describe how an elite group of donors have laundered unlimited contributions to presidential campaigns. Much of this influence was made possible by the U.S. Supreme Court’s <a title="reference on Citizens United” href=”http://www.sourcewatch.org/index.php?title=Citizens_United” target=”_self”>Citizens United decision, and anger over corporate influence in politics is helping fuel the populist uprisings in Manhattan, D.C., and around the country.
Dimestore Donor Dominates North Carolina Elections
James Arthur “Art” Pope, chairman and CEO of the Variety Wholesalers dimestore discount chain, has created a “singular influence machine” in North Carolina, using his family’s wealth to influence that state’s elections and promote right-wing ideology, according to a report by Jane Mayer in this week’s New Yorker magazine.
“The Republican agenda in North Carolina is really Art Pope’s agenda. He sets it, he funds it, and he directs the efforts to achieve it. The candidates are just fronting for him. There are so many people in North Carolina beholden to Art Pope—it undermines the democratic process,” says Marc Farinella, a Democratic political consultant.
Like the Koch brothers (whom Meyer profiled in the New Yorker last year), Pope grew up wealthy, inherited his family dimestore business, and has spent massive amounts of money funding organizations and candidates opposing environmental regulations, taxes, minimum wage laws, unions, and campaign-spending limits. In addition to their sizable personal fortunes, the Kochs and Pope can spend millions in corporate funds because their companies are privately held. Pope regards Charles and David Koch as friends, and is one of the four directors of the Koch-funded-and-founded Americans for Prosperity, to which he has donated over $2 million.
John Snow, a centrist Democrat who was defeated by Art Pope-funded attacks after three terms in state Senate, told the New Yorker, “[i]t’s getting to the point where, in politics, money is the most important thing.” Snow was expected to easily win reelection, but his Tea Party-affiliated candidate with no experience had a seemingly endless flow of money. “A lot of it was from corporations and outside groups related to Art Pope. He was their sugar daddy.”
Chris Heagerty was another Democratic candidate defeated by a flood of Pope-connected money. One ad depicted Heagerty, who is caucasian but has dark hair and complexion, as Hispanic. “They slapped a sombrero on a photo of me, and wrote, ‘Mucho Taxo! Adios, Señor!’” Heagerty told the magazine. “If you put all of the Pope groups together, they and the North Carolina G.O.P. spent more to defeat me than the guy who actually won.” According to the article, he fell silent, then added, “For an individual to have so much power is frightening. The government of North Carolina is for sale.”
“We didn’t have that before 2010,” said Bob Phillips, head of Common Cause North Carolina. “Citizens United opened up the door. Now a candidate can literally be outspent by independent groups. We saw it in North Carolina, and a lot of the money was traced back to Art Pope.”
According to an analysis by the Institute for Southern Studies, Pope, his family, and their organizations targeted twenty-two legislative races and won eighteen. The wins placed both chambers of North Carolina’s General Assembly under Republican majorities for the first time since 1870. Three-quarters of “independent expenditures” in North Carolina’s 2010 state races — spending made independently of a candidate or their committee — came from accounts linked to Pope.
Wealthy Elites’ Influence on Elections Grows, Post Citizens United
In the post Citizens United era, the outsize influence of a small group of wealthy donors making “independent” expenditures is not limited to North Carolina, according to a report released this week by Democracy 21, the Campaign Legal Center, and the Center for Responsive Politics. A handful of elite donors are capitalizing on the lawless campaign finance environment to exceed federal candidate contribution limits. Individuals have spent as much as a million dollars supporting Mitt Romney’s bid for president, and two million to support President Obama’s reelection.
“Super PACs” emerged in the wake of the Citizens United decision, which struck down limits on corporate independent expenditures. Super PACs can now raise unlimited amounts of money from individuals, corporations, and unions, and use it on political ads for or against federal candidates. They are not allowed to donate directly to candidates or coordinate with their campaigns.
In striking down corporate independent expenditure limits, the U.S. Supreme Court upheld limits on individual contributions to candidates reasoning that “the potential for quid pro quo corruption distinguished direct contributions to candidates from independent expenditures.” The majority opinion stated “[t]he absence of prearrangement and coordination of an expenditure with the candidate or his agent not only undermines the value of the expenditure to the candidate, but also alleviates the danger that expenditures will be given as a quid pro quo for improper commitments.”
The first presidential race after Citizens United, though, reveals that the distinction between direct campaign contributions and “independent” expenditures has been eliminated — and with it, the idea that corruption follows one but not the other.
In the second quarter of 2011, over 50 individuals donated the legal maximum to Romney’s campaign ($2,500), then made around $6.4 million in additional contributions to Romney’s “Restore Our Future” Super PAC. Almost half of these individuals gave between $100,000 and $500,000 to the Super PAC, and one person donated $1 million. These donations made up half of the “Restore Our Future” funds.
Nine individuals donated to both President Obama’s reelection campaign and his “Priorities USA Action” Super PAC. The nine donors collectively gave $2.6 million to Obama’s Super PAC, primarily from Dreamworks CEO Jeffrey Katzenberg, who donated $2 million, and Chicago media mogul Fred Eychaner, who gave $500,000.
“This analysis offers yet more proof that these candidate-specific Super PACs are nothing more than an end-run around existing contribution limits,” said Paul S. Ryan, FEC Program Director at the Campaign Legal Center. “The Super PACs are simply shadow candidate committees. Million-dollar contributions to the Super PACs pose just as big a threat of corruption as would million-dollar contributions directly to candidates.”
In addition to Super PAC spending, corporations and corporate executives can also launder campaign spending through non-profit “social welfare” groups organized under section 501(c) of the tax code. Non-profits are not required to disclose their donors, preventing the public from knowing the source of a particular message. Last week, certain business leaders denounced this secret spending, and Democracy 21 and the Campaign Legal Center asked the Internal Revenue Service to investigate this alleged abuse of the tax code.
Ninety-Nine Percent: Money Out of Politics
The Citizens United decision affirmed that “money is speech,” and declared that spending limits violate the 1st Amendment rights of corporations and the uber-wealthy. As the 2012 presidential election heats up and election spending ramps up, corporations and the top 1% will speak louder than everyone else. The money that flows into the 2012 elections will come overwhelmingly from the top one percent — only a tiny sliver of Americans donate to political campaigns, and the bottom ninety-nine percent who can afford to contribute will have their dollars drowned out by the million-dollar contributions made possible by Citizens United.
And money matters. In modern elections, 9 out of 10 races are decided by who raises more campaign cash. Given this reality, it stretches the imagination to believe elected officials won’t be indebted to those deep-pocketed donors who help them get the edge over their opponent.
With average Americans — the ninety nine percent — sidelined by a political process and an economy that increasingly benefits only those at the top, they have taken to the streets. It is little wonder, then, that as the nascent Occupy protests grow and gain shape, at least one message is becoming clear: get corporate money out of politics.
By: Brendan Fischer, Center For Media and Democracy, October 7, 2011
From Wisconsin To Wall Street, An Economic Reckoning
The comparisons were inevitable. As Occupy Wall Street gathers momentum and new allies, progressives have quickly connected it with the other headline-grabbing uprising this year: The mass protests in Wisconsin against Gov. Scott Walker’s attack on labor unions. A statement from leaders of the American Federation of State, County, and Municipal Employees union, which endorsed Occupy Wall Street this week, was typical: “Just as a message was sent to politicians in Wisconsin, a clear message is now being sent to Wall Street: Priority number one should be rebuilding Main Street, not fueling the power of corporate CEOs and their marionette politicians.”
The essential theme connecting events in Madison and New York City is unmistakable. Both represent an economic reckoning at a time of grim unemployment rates and stagnant wages for middle-class Americans. “Both the defense of unions [in Wisconsin] and Occupy Wall Street, which is broader in its definition of the problem, are responding to two or three decades of increasing economic inequality and, until fairly recently, the inability of progressives to address those things,” says Georgetown University historian Michael Kazin, author of American Dreamers: How the Left Changed a Nation.
But the Wisconsin-Occupy Wall Street comparison is a more complicated one in its specifics. The two don’t fit neatly side by side and, in some ways, bear no resemblance at all. Here is a look at how two of the biggest populist protests of the year stack up:
The Organizers
As I reported from Madison in March, labor unions and community activist groups were, from the very beginning, the driving force in the Wisconsin protests. On November 3, 2010, the day after Republicans reclaimed the state Legislature and the governor’s mansion, union leaders began plotting how to respond to the looming assault on organized labor. And when Gov. Scott Walker unveiled his anti-union budget repair bill, and later threatened to sic the National Guard on those protesting his bill, unions marshaled their resources and called every member in their ranks. From their command center in Madison’s only unionized hotel, labor turned out more than a 100,000 supporters in a span of weeks.
Occupy Wall Street is not union-made. It was the anti-capitalist Adbusters magazine that put out the initial call for protesters to flood downtown Manhattan on September 17. Since then the protests have grown almost entirely without institutional support, an organic groundswell without leaders or executive boards or much structure at all. In recent days, unions have endorsed Occupy Wall Street, marched with them, and provided food, drinks, clothing, and more. But the protests remain a loosely organized, essentially leaderless effort.
Goals of the Movement
“Kill the bill! Kill the bill!” Wading among the crowd in Madison in February, you couldn’t go more than 10 minutes without that chant breaking out. It captured exactly what the protesters wanted: the death of Scott Walker’s anti-union bill. (They didn’t get it.) Later, those demands broadened to include fewer cuts to funding for education and social services by Walker and Wisconsin Republicans, but for much of the protests, it was perfectly clear what the angry cheeseheads wanted.
Occupy Wall Street so far has had no clear set of demands—and intentionally so, it seems. A post at OccupyWallSt.org demanded that supporters stop listing demands for fear of making protesters “look like extremist nut jobs.” The post went on, “You don’t speak for everyone in this.” The vague intentions have raised eyebrows, but they also have had the effect of welcoming a diverse group of supporters without alienating them. “The protesters have been eloquent in rejecting the idea that they produce ‘one demand’ and also in articulating in broad terms what they want,” says Robert Weissman, president of Public Citizen.
Spreading the Word
Like the protesters in Iran’s “Green Revolution” and Egypt’s Tahrir Square uprising, Wisconsin and Occupy Wall Street have made savvy use of social media for everything from rallying supporters and organizing marches to asking for food. Take Twitter: Both uprisings have built lively, if contentious, forums for debate with the hash tags #wiunion and #occupywallstreet. So many tweets poured in during Wednesday’s Occupy Wall Street march that it was impossible to keep up.
Other forms of online organizing have been pivotal. There are more than 230 Facebook pages promoting Occupy events from Tacoma, Washington, to Marfa, Texas, to Milwaukee, just as Facebook helped energize protesters in Wisconsin. And for those who couldn’t make it in person, livestreaming has brought supporters from around the country and the world closer to the action on the ground.
Laying Down the Law
Scott Walker’s bill exempted police officers from the most draconian crackdowns on workers’ rights. That put cops in a tight spot, because it was the job of the police to contain and, when necessary, crack down on the crowds of public workers who occupied the state Capitol rotunda and protested in the surrounding streets. But throughout the months-long protests, police arrested very few, allowed the occupiers to remain inside the Capitol for weeks, and generally treated angry demonstrators as best as could be hoped. Off-duty cops from around the state even joined the protesters in Madison.
Actions by law enforcement in Manhattan against Occupy Wall Street have at some turns been a very different story, with police crackdowns stealing the spotlight. This video of an NYPD deputy inspector using pepper spray on a handful of female protesters sparked outrage, added a streak of sensationalism to the story, and was picked up by mainstream news outlets. The arrest of more than 700 people who marched on the Brooklyn Bridge last weekend similarly made national headlines, leading to heaps of criticism and a class-action lawsuit against the NYPD.
Pizza for Protesters
Supporters called in pizza orders from around the world for the hearty crew of Capitol occupiers in Wisconsin. The same is happening for those camped out in Zuccotti Park, blocks from Wall Street. Pizza: It’s the nosh of choice for American uprisings in 2011.
By: Andy Kroll, Mother Jones, October 6, 2011
The Legacy Of The Clarence Thomas-Anita Hill Hearings
Even now, with the healing distance of two decades, the subject of Anita Hill and Clarence Thomas retains its power to provoke and divide.
It was 20 years ago this month that Hill’s allegations of sexual harassment surfaced, threatening to derail Thomas’s imminent confirmation to the Supreme Court. I spent the weekend-long marathon of hearings in the Senate Caucus Room, the majestic setting of soaring marble columns and gilded ceiling contrasting with the squalid details of Hill’s allegations.
It was both riveting and horrifying. By the time the Senate Judiciary Committee hearings were gaveled to a close at 2 a.m. Monday, I — like everyone else — was simply relieved that it was over.
Looking back, it is possible to trace the larger cultural and political legacy, both good and bad, of that painful moment.
First, the Thomas-Hill hearings heralded a coarsening of the national dialogue. It goes too far to suggest cause and effect; there is no straight line between the hearings and, say, wardrobe malfunctions or “Jersey Shore.” But the hearings, with their nationally televised discussion of Thomas’s alleged tastes in pornography and his explicit overtures, crossed an invisible line into a cruder culture.
A few years earlier, I had covered a trial involving a sexual act that the existing stylebook would let me describe, rather misleadingly, only as “sodomy.” A few years later, the nation found itself in a graphic discussion about the precise meaning of “sexual relations” and the DNA evidence on Monica Lewinsky’s blue dress.
The intervening experience of the Thomas-Hill hearings, with the discussion of Thomas’s alleged interest in “Long Dong Silver” and commentary about pubic hair on a Coke can, helped define deviancy downward. As we sat at the press table during the most explicit testimony, the New York Times reporter turned to me, a stricken look on his face, and asked how we were going to write about all this, given our newspapers’ notorious queasiness about sexual matters. In the end, our stories were unexpurgated.
Second, the hearings heralded — although again they did not create — an intensifying of the partisan divide. The 1987 fight over the failed nomination of Robert Bork was intense but nowhere near as personal or partisan.
As with the Clinton impeachment several years later, the Thomas nomination witnessed each side automatically lining up in support of, or in opposition to, the protagonist. Senators who wanted to see Thomas on the high court credited his version of events; those who wanted him defeated for other reasons chose to believe Hill. The facts themselves took second place to political interests.
Indeed, the very women’s groups most exercised about Thomas’s alleged misconduct were notably, shamefully silent when it came to Clinton’s behavior with a White House intern and his false statements under oath.
In hindsight, the Thomas confirmation seems almost quaint, with the Senate’s majority vote in favor of the nominee. The possibility of a filibuster was bargained away early on. Today, an option that once seemed nuclear has become the norm.
The third legacy of the Thomas hearings is a positive one: lower tolerance for sexual harassment and greater political prominence for women. Back then, an all-male Senate Judiciary Committee was inclined to ignore the Hill allegations. That would not happen today, with two women on the panel, California Sen. Dianne Feinstein and Minnesota Sen. Amy Klobuchar. Two women served in the Senate in 1991; there are 17 today.
As to sexual harassment, of course such behavior still occurs and some women still endure it, rather than speak out. But Hill’s reluctant testimony educated and chastened many men, and it emboldened many women. The workplace of 2011 may not be perfect, but it is a better, fairer place.
For me, the final legacy of the hearings is entirely personal: It’s how I met my husband, who worked on the committee staff for a Democratic senator. Late on the weekend that the Hill story leaked, as I was scrambling to confirm it, he returned my phone call, explaining that he had been away at his grandmother’s 90th birthday party.
Who, he asked, was Anita Hill? He seemed like a nice guy, so with uncharacteristic patience, I brought him up to speed, instead of following my instinct to pronounce him useless and hang up. It was only months later — after we started dating — that I discovered he was feigning ignorance out of professional caution.
Twenty years and two beautiful children later, I still believe Anita Hill. But I owe an odd, unpayable debt to Justice Thomas.
GOP Congressman Equates Purchasing Health Insurance With Buying An Expensive Vacation Home
Just when you thought it could not get more ridiculous, GOP Congressman and Chairman of the House Appropriations Labor-Health and Human Services subcommittee, Denny Rehberg, has come up with a novel idea. He wants the Congressional super committee to solve $1.2 trillion in deficit reduction by simply killing off the expansion of Medicaid and the subsidies that will open the door to health care for millions of Americans.
In making his argument, Rehberg noted that expanding the Medicaid safety net program, and providing subsidies to low and middle class workers, is akin to the “expensive vacation home” that the average American would choose not to buy if that American was facing a deficit as serious as the nation’s.
Before getting to the heart of Rehberg’s suggestion, one can’t help but wonder what makes the Congressman think that the “average” American can afford an expensive vacation home (or any vacation home for that matter) on what the average American earns, even if that American is not in debt?
But should we be surprised by the Congressman’s view of the world? This is the same Denny Rehberg who is not only listed as number 23 on the list of the wealthiest members of Congress, but is the same Congressman Rehberg who had no idea what the minimum wage was in his own state (check out this video as it is priceless.)
Of course, far more important is Rehberg’s inability to grasp that getting treatment for cancer or unblocking that clogged artery that is going to make someone a widow or widower is not quite the same as purchasing a vacation home—expensive or otherwise.
And while life might not be worth living for Rep. Rehberg and friends without that idyllic home on the lake, the average American would still prefer to remain alive, thank you very much, which is precisely why Medicaid coverage was extended to more people and subsidies are to be made available to the working poor and middle-class so that medical care will become an option in their lives.
When asked how low and middle class Americans will manage to purchase health care, should the mandate requiring them to do so be found to be Constitutional by SCOTUS, Rehberg answered that Health and Human Services would be able to grant waivers to those who cannot afford coverage without Medicaid or subsidies.
Thus, Rehberg’s solution is to simply leave millions of Americans without coverage by way of a waiver. Nice.
Health Care For America Now’s Executive Director, Ethan Rome, put it this way:
Rep. Rehberg’s proposal is yet another part of the Republican assault on the middle class. Denny Rehberg says that basic health care is a luxury item, as if a mother in Montana taking her children to the doctor or a cancer patient getting treatment is the same as buying ‘an expensive vacation home.’
Considering that estimates place the uninsured under age 65 in Montana at somewhere between 16 percent and 20 percent of the population, a number well in excess of the national average, I suspect that Rehberg’s fellow Montanan’s might disagree with his approach.
Let’s hope they voice that disagreement at the ballot box next November.
By: Rick Ungar, Mother Jones, October 6, 2011