State lawmakers, advocates and activists gathered Tuesday before a state legislative committee to show support for a state resolution calling on the U.S. Congress to overturn the U.S. Supreme Court’s decision in Citizens United v. Federal Election Commission, and restore fair elections and constitutional rights to the people.
S. 772, “The People’s Rights Resolution,” introduced by State Sen. Jamie Eldridge (D-Acton) and State Rep. Cory Atkins (D-Concord), decries the court’s ruling as a “serious and direct threat to our democracy.” If passed, the resolution would have the Massachusetts Legislature call upon the U.S. Congress to “pass and send to the states for ratification a constitutional amendment to restore the First Amendment and fair elections to the people.” The bill has more than a dozen co-sponsors.
“In two short years, the Citizens United decision has upended our election system, with serious consequences for the health of our democracy. The voices of ordinary Americans are being drowned out by the tens of millions of dollars that are being poured into attack ads paid for corporate donors,” said Eldridge. “The problem is real, and we owe it to the citizens of the Commonwealth to do what we can, as a legislature, to stop this. The only effective, long-term solution is to pass a constitutional amendment that will overturn this misguided, destructive decision.”
Added Atkins, “Our democracy is at risk. The Citizens United decision opened the floodgates, allowing unlimited corporate money to flow into politics. We must pass a constitutional amendment stating that people, not corporations, have a right to free speech. Only by preserving the voice of individual citizens can we protect our democracy.”
Judiciary Committee members also heard testimony from legal experts, business owners and democracy advocates, each arguing why S. 772 was a valuable and necessary step forward and one that the committee and Massachusetts lawmakers should support.
“The fundamental question facing the nation today is whether people or corporations shall govern in America,” said John Bonifaz, the co-founder and director of Free Speech For People. Free Speech For People has targeted Massachusetts to be among the first states to pass a state legislative resolution in support of such a constitutional amendment. Earlier this year, New Mexico became the second state in the nation (after Hawaii) to pass a resolution. “With the passage of this resolution, Massachusetts can help lead the way in restoring American democracy to the people,” Bonifaz said.
Dozens of activists from across the state came to the hearing to show support for the resolution. They wore stickers saying “Corporations Are Not People,” and fanned out across the statehouse to meet with their representatives to urge them to support the bill.
“Across the country, we’re seeing support grow every day for a constitutional amendment to take back our democracy from corporate interference,” said Mark Hays, campaign coordinator for Public Citizen’s Democracy Is For People Campaign. “With this sort of momentum, we’re ready to write the next chapter of our campaign to ensure that democracy is for people, not corporations.”
In the wake of the Citizens United decision, campaign spending by outside groups has skyrocketed. In the 2010 election cycle, the first since the Supreme Court decision, outside groups spent nearly $300 million.
“Because of Citizens United, corporations can decide which candidates have the money to get out their message and which candidates get flattened by negative ads. That’s wrong,” said Avi Green, co-director of MassVOTE. “Politics should be for all of us – not just the super-wealthy and the big corporations they control.”
Super PACs have emerged as a result of the Supreme Court’s decision, amassing huge amounts of money used for attack ads. Super PACs are expected to spend hundreds of millions of dollars in the 2012 elections. All of this corporate money promises to help make this election record-setting.
“We need short-term responses to this disastrous decision, such as increased disclosure,” said Pam Wilmot, executive director of Common Cause Massachusetts. “But we can reverse it and reduce money in politics only with a constitutional amendment. Passing S. 772 will put Massachusetts on the forefront of that critical effort, which, as the cradle of liberty, is where we should be.”
Other states across the country, including California, Vermont Washington and Maryland also are advancing resolutions or similar measures. Cities across the nation have voted to rid elections of corporate cash, and are advancing local resolutions similar to S. 772 to build support for its passage.
Allen Nitschelm
11:57 pm on Saturday, March 3, 2012
This year's Town Meeting will have a non-binding resolution on this issue.
Leaving aside the inappropriateness of wasting Acton's time on a national issue, this is a great issue to debate because the sponsors are so misguided.
According to the bill's sponsors, "people, not corporations, have a right to free speech."
When asked if unions would be prohibited from Free Speech as well (since they aren't people either), the proponents invariably argue that unions are different from corporations and therefore the same rules shouldn't apply.
Of course, while the sponsors derive much of their financial and staff support from unions, they either don't understand what most unions are, or perhaps are just unaware of the unintended consequences of their misguided actions.
Because, Senator Eldridge and Rep. Atkins, most unions are, in fact, corporations.
So while you don't want to restrict the free speech of your friends and supporters, your bill would do exactly that.
While this mght be a good argument in favor of this legislation, if we are going to be serious, we should just accept that restrictions on corporate free speech would be a mistake. And, perhaps Rep. Atkins and Sen. Eldridge should read and understand legislation before filing it.
Reverend E. Raleigh Pimperton III
7:24 am on Sunday, March 4, 2012
Allen,
Excellent write-up but I doubt Eldridge or Atkins want to read it. Nor will they address the giant flip-flop by Obama. First he was against SuperPACs and now he wants to raise as much money with them as possible. A true leader chooses principle over expediency. Where are his principles?
Reverend E. Raleigh Pimperton III
Allen Nitschelm
7:57 am on Sunday, March 4, 2012
They will know all about it at Town Meeting, when I get up and cite 20 or 30 examples of local and state unions that are incorporated, and I ask them if they are aware that their proposal will restrict the free speech of their buddies. Should be fun!
Charlie Kadlec
4:51 pm on Sunday, March 4, 2012
The Democratic National Committee is a corporation -- its legal name is "DNC Services Corporation" -- so according to Jamie Eldridge and Cory Atkins it is a "serious and direct threat to our democracy." I agree (I assume that they meant "to our Republic" and that they know the difference). Let's make sure that the proposed constitutional amendment covers the DNC which spends hundreds of millions dollars trying to influence elections. The sooner we can shut them down, the better.
Charlie Kadlec
Acton
Reverend E. Raleigh Pimperton III
10:28 pm on Sunday, March 4, 2012
This brings up the closed circuit that has been so deleterious to the United States. Union members are almost always Democrat voters. Democrat voters re-elect Democrat politicians. Democrat politicians vote for ever increasing fringe and healthcare benefits for union members. Union members are almost always Democrat voters.
Immense amount of money flow in a circle... union dues go to Democrat campaigns... which elect Democrat politicians... which raise union benefits... which pay union members... which pay union dues... which go to Democrat campaigns.
The cycle can be broken. Communities or states (see Wisconsin) sometimes wake up under new leadership. Sometimes the cycle is never broken, even under threat of societal breakdown (see Greece).
Your spiritual advisor,
Reverend E. Raleigh Pimpterton III
Allen Nitschelm
6:44 am on Monday, March 5, 2012
This censorship thing is starting to grow on me. I think I like it! At first, as a newspaper publisher and blogger, I was highly offended, but I've come around.
I've always been annoyed by the editorials in the New York Times corporation. And since they bought the Globe, the Globe has been insufferable. I think it is time we looked into taking the free speech rights away from this greedy corporation which is making it harder for true Americans (like myself) from being heard.
Charlie Kadlec
12:41 pm on Monday, March 5, 2012
Did Jamie and Cory mean “serious and direct threat to our democracy” or did they really mean “serious and direct threat to Democrats” ?
Charlie Kadlec
Acton
Debra Simes
12:25 pm on Wednesday, March 7, 2012
People:
• There is nothing inappropriate about discussion at Town Meeting of critical societal issues that happen to extend beyond Acton's borders.
• Many of us who support fair election measures, and legislation and/or a Constitutional amendment that would define people as natural persons (not synthetic entities such as corporations), and speech as expression emanating from natural persons (i.e., not money), ALSO would include unions in that category of "synthetic entities."
• I'd have preferred if President Obama could have conducted his campaign equitably without reliance on funds from SuperPacs. But we all know that in this free-for-all environment, no one could possibly compete without doing so. The criticism of "where are his principles?" rings hollow; supporters of a Republican candidate would not hesitate to defend this behavior were the tables turned.
• Charlie, surely you don't think only the DNC should be "shut down" because it "spends hundreds of millions dollars trying to influence elections"! As if the RNC doesn't?! Please, be forthright enough to acknowledge that they both spend tons of money trying to influence elections.
• The "cycle" cited by the disingenuous Rev. Pimperton is no doubt true to some extent. What he fails to mention is the analogous and opaque process in which anti-regulatory, pro-corporate-loophole lobbyists and trade associations and groups such as ALEC funnel ocean liners full of money to secure their interests.
Charlie Kadlec
1:14 pm on Wednesday, March 7, 2012
Debra, I appreciate your comments. I especially appreciate your inclusion of unions in the "non-people" category but you are not going to convince Jamie and/or Cory. That is the glaring hypocrisy of their proposal, they consider corporations to be a necessary evil, they will never understand that corporations are people -- employees, investors (which includes pension funds, 401K's, charitable groups etc), retirees, and all others who sell to or buy from the corporation. Unions are their friends. I will buy you dinner at an Acton restaurant of your choice if you get "unions" added to the Resolution at Town Meeting. I will buy you two dinners if you help me defeat it.
Please read my comment about the DNC again -- I pointed out that it is a corporation and therefore would be subject to the prohibitions sought by Jamie and Cory -- an unintended consequence of their poorly thought-out Resolution. Of course I do not want to shut down the DNC, or anybody else, I was being sarcastic.
As to your comment about "ocean liners full of money", you of course know that many of those ocean liners fly a union flag.
I do not want any limits imposed on anybody who wants to influence the political process. All such laws are inherently unconstitutional as well as useless because they are always circumvented. I want full, real-time disclosure with significant penalties and effective enforcement.
Charlie Kadlec
Acton
Allen Nitschelm
2:56 pm on Wednesday, March 7, 2012
Hi Debra,
There is nothing "inappropriate" about discussing issues that extend beyond Acton's border? Really?
I'd say instead that Town Meeting time is precious and we typically have two or more nights just trying to complete our local business. Getting more than 2 or 3% of eligible voters to show up is a challenge.
Spending an hour--or two--on issues that we have no real control over such as this one is time wasted. People who don't want to stay until 11 pm, who don't want to pay a babysitter for another night out, or who would simply rather be doing something else, should not have their time wasted on non-relevant issues.
It is hard enough getting people to come out to Town Meeting to vote on local issues. Imagine Town Meeting going three or four nights debating abortion, Obamacare, immigration, gun control, etc., etc., etc.
I suppose if an issue had to be voted on individually by Massachusetts towns, for example, if that were the process to change the Massachusetts constitution, then we'd be subject to such debates. But I don't believe that to be the case here.
This misguided attempt to overturn a Supreme Court decision belongs elsewhere.
Allen
sudburyguy
4:04 pm on Wednesday, March 7, 2012
Debra,
You sound like a well-meaning person. I sympathize with your objection to something that you feel has been "legislated" by the Supreme Court. You are in a long line with that.
But this issue in a local Town Meeting? That is a waste of valuable time and frankly an insulting co-opting of a local forum. Mis-directed at best.
About Citizen's United? I agree with the others when they point out the imbalance of this. Their anger is clearly aimed at corporations not unions and thus reveals their bias. Both are deserving of free speech but not one over the other.
But what about the LLC or the S-Corporation? These days individuals are corporations as well. I agree with Charlie, let free speech have its way with real time disclosure of those spending the money.
Like all previous campaign spending limitations, anything here would be eventually circumvented and what would then exist would be deeds done in the dark. Not a good alternative for anyone's interests.
Senator Jamie Eldridge
4:54 pm on Wednesday, March 7, 2012
Hi Allen, Charlie and others:
I’m well aware that most unions are corporations and would be covered by my proposed resolution calling for a Constitutional amendment.
I’ve also filed legislation to update our disclosure laws here in MA. (S304: http://www.malegislature.gov/Bills/187/Senate/S00304), in which I explicitly included “labor unions” along with corporations to the entities subject to our disclosure laws in this post-Citizens United world.
(In fact, labor unions are considered associations and have always been included in our state disclosure laws; however, I specifically added unions just to make it abundantly clear to anyone who might read the bill what my position on the issue is.)
My focus is on corporate rather than union political spending because I believe it is by far the greater threat to our democracy.
Union PAC spending comes from union members who voluntarily donate money. Corporate treasury dollars, on the other hand, belong to shareholders who may or may not want their money spent on campaigns or indeed have any idea that this is happening. Because of this, unions can fairly be said to be speaking on behalf of their members (who are people); the same thing simply cannot be said about corporations.
All of that said, I believe my resolutions for a proposed Constitutional amendment as well as any disclosure laws should apply to labor unions just the same as they apply to business corporations.
Best,
State Senator Jamie Eldridge
Charlie Kadlec
5:58 pm on Wednesday, March 7, 2012
Jamie, do you really believe that union members voluntarily donate money for union PACs ?
Charlie Kadlec
Acton
Reverend E. Raleigh Pimperton III
5:21 pm on Wednesday, March 7, 2012
Jamie,
The fact that you believe corporate spending is a threat to democracy is telling. It is symptomatic of the Commonwealth's long decline under Democrat rule. Legislators in many other states do not believe companies are enemies, but know that they are the lifeblood of the economy. We are losing congressional seats and population to states with business friendly politicians. Lest you forget, people who work for corporations pay most of your salary.
Your comment about union PAC money is facetious. Corporations and unions are on the same footing regarding PAC money... donations are voluntary. The same cannot be said for union dues. This is not a right-to-work state and employees have no choice in joining a union or how dues are spent.
Reverend E. Raleigh Pimperton III
Allen Nitschelm
6:28 pm on Wednesday, March 7, 2012
Hi Jamie,
Thanks for weighing in on this topic.
While I admire your willingness to admit that unions are covered by your legislation, I'm sure many more people will be concerned that once we silence "corporations" and "unions," what comes next?
There are plenty of non-profit corporations that exist solely to promote a political agenda. I'm betting that all of the important coordinated voices on issues such as a women's right to choose or political "think tanks," just to name two quick examples, would be covered by your proposed amendment.
What about media companies that are incorporated, like the New York Times? Will some question their right to free speech if the Constitution has conflicting language?
I'm guessing that most people would see that in this instance the cure is worse than the disease and while some might lament the "free for all" that the Supreme Court's decision has unleashed, it is still far better than the alternative.
You would be wise to withdraw your support for this ill-conceived proposal.
Allen
Reverend E. Raleigh Pimperton III
3:28 pm on Thursday, March 8, 2012
Jamie,
Why not do something useful for a change? The Supreme Court has spoken on Citizens United and your resolution will achieve nothing, except pander to your liberal base.
You could help justify your existence by tackling the many plagues we have in Massachusetts - pension abuse, probation department cronyism, unions against reform, state police excesses, green energy debacles, political corruption... and most recently, the unemployment benefits scandal. Why not spend your energy where a state senator can be effective? Tilting at windmills does not help us.
Your spiritual advisor,
Reverend E. Raleigh Pimperton III
Reverend E. Raleigh Pimperton III
7:48 pm on Thursday, March 8, 2012
Jamie,
Missed the scandal-de-jour... non-profit compensation abuses. Joe Kennedy and his wife make close to a million dollars a year selling Hugo Chavez' oil. Do you approve? Tell us.
Reverend E. Raleigh Pimperton III
Reverend E. Raleigh Pimperton III
10:27 am on Saturday, March 10, 2012
Earth calling Jamie,
Will you direct your energy to pension abuse, probation department cronyism, unions against reform, state police excesses, green energy debacles, political corruption, unemployment benefits abuse and non-profit compensation rip-offs? Inquiring minds want to know.
Reverend E. Raleigh Pimperton III