-Caveat Lector-

----- Original Message -----
From: "Bill Richer" <[EMAIL PROTECTED]>

> The Shays-Meehan Campaign Finance Reform Act (H.R. 2356) is scheduled for a
> vote this Wednesday.  This critical congressional vote could lead to the
> suppression of free speech of individuals and groups 60 days before an
> election. The vast majority of constitutional scholars and legal experts,
> of all political persuasions, agree that H.R. 2356 violates the first
> amendment.

Ah, here we go ... ban soft money and restrict who can buy advertising within 60
days of an election, and suddenly it's called "suppression of free speech."
Well, here's what the bill proposes:

from - http://www.house.gov/shays/reform/dsum-2356.htm

Sec. 202. Coordinated Communications As Contributions. Makes clear that
electioneering communications that are coordinated with candidates or with
political parties are deemed to be contributions to the candidate supported by
the communication. Because contributions to candidates are limited in the case
of individuals, or prohibited in the case of groups (other than through a PAC),
this provision essentially prohibits electioneering communications from being
coordinated with candidates or parties.

Sec. 203. Prohibition of Corporate and Labor Disbursements For Electioneering
Communications. Bars the use of corporate and union treasury money for
electioneering communications. Corporations and unions are prohibited from
spending their treasury money on electioneering communications, and groups and
individuals may not use corporate or union treasury money for such ads
(corporations and unions could finance such advertisements through their
political action committees). The provision includes a number of special
operating rules designed to prevent evasion of this prohibition through
pass-throughs, laundering, or contribution swaps. 501(c)(4) and 527
organizations, which are technically corporations, are permitted to make
electioneering communications as long as they use individual money contributed
by U.S. citizens or permanent legal residents and make the disclosures required
by Section 201 (but see Section 204). If they derive income from business
activities or accept contributions from corporations or unions they must pay for
electioneering communications from a separate account to which only individuals
can contribute.

Sec. 204. Rules Relating to Certain Targeted Electioneering Communications.
Withdraws Section 203's exemption for 501(c)(4) or 527 organizations that run
electioneering communications targeted to the electorate of the candidate
mentioned in the communications. The net effect of this provision is to apply
the Snowe-Jeffords prohibition on running sham issue ads paid for with corporate
or union treasury funds to 501(c)(4)'s and 527's.

Sec. 305. Television Media Rates. Provides that during the time period where the
lowest unit charge is now required (45 days before a primary or 60 days before a
general election), broadcast television, cable or satellite providers must
charge candidates and national committees of political parties the lowest amount
they have charged any other advertiser during the preceding 180 days. The
section also prohibits stations from preempting the time already purchased and
paid for by candidates or national parties, except in circumstances beyond the
control of the station. It allows the FCC to conduct random audits to ensure
that the section is being complied with.

Sec. 313. Clarity Standards for Identification of Sponsors of Election-Related
Advertising. Amends and supplements the FECA's current requirements that the
sponsors of political advertising identify themselves in their ads. Additional
provisions include: (1) applies the requirements to any disbursement for public
political advertising, including electioneering communications; (2) requires the
address, telephone number, and Internet address of persons other than candidates
who purchase public political advertising to appear in the ad; (3) requires
candidate radio ads to include a statement by the candidate that he or she has
approved the communication; (4) requires a television ad to include the same
audio statement and a written version of that statement that appears for at
least 4 seconds along with a picture of the candidate; (5) requires persons
other than candidates to run ads to include a statement that that person "is
responsible for the content of this advertising."

=====

Sounds pretty damn fair to me. You can still say whatever you want, it's just
that most of the soft money would be prohibited from funding it. And the ad
rates during the most critical period would be priced fairly enough to allow
more voices to be heard (although I hear that has been stripped from the bill at
the request of the NAB). And it also clarifies for the listener/reader/viewer
who paid for the ad and if the candidate endoreses it. I can't really disagree
with this. I just hope the 'pubs doesn't end up tacking on a bunch of garbage
and killing it, but they probably will.

- jt

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