a couple of quick responses

I am now substantially de-jetlagged!  Let’s get this published quickly, then deal with the chaos of my inbox.

Matt was nice enough to respond; if you haven’t already seen it, you should go read it. A few quick things, presented in bullet form because I think trying to write narrative transitions often gets me in trouble:

  • Matt’s right that broadcast spending matters most at the top, of course.  I would suggest, though, that this affects many if not all other levels of office, as politicians feel obligated to give to one another in order to reify and ascend their parties’ hierarchies.
  • When discussing broadcast media, I really meant to do so in the context of independent expenditures.  It was foolish of me to link to the Obama campaign’s spending breakdown — that gesture, intended to convey the staggering scale of communications costs, mostly just confused the issue.  The point I wanted to make was that restricting speech that affects a race but which is made by an entity other than one of the candidates’ campaigns is thorny, but perhaps not as thorny as we pretend: the mediums of expression that are most relevant to this problem aren’t, shouldn’t and never will be places were we can guarantee perfectly free speech.
  • Still, I admit I probably emphasized broadcast more than it deserved simply because it was rhetorically convenient for me.  I don’t know if there are SuperPACs paying for (non-coordinated!) GOTV efforts — I suspect that campaigns wouldn’t like that idea, but who knows. But I’m sure that plenty of them are paying for direct mail, which is immune to the critiques I leveled at broadcast media. And I’ve read some decently compelling evidence that campaign professionals consider broadcast media and direct mail to be substitutable.
  • As for spending by campaigns themselves: I suppose I’d personally be open to the idea of providing a floor of support for candidates, but I wonder how much of a difference it’d make.  It would be silly to extend the analogy very far, but in some other culturally important areas, revenue sharing sure seems less helpful at generating healthy competition than salary caps have been.  Besides which, it seems like more robust electoral competition is something you’d pursue to make elected officials more representative of the electorate’s views.  To the extent that this is a problem at all, my impression is that institutional structure is the bigger culprit.
  • I’ve heard various political science professors endorse variations of “the more politics the better!” but this has always struck me as pretty silly — either a manifestation of a fairly pathetic urge to be counted the most cynical, counterintuitive and therefore sophisticated guy in the room; or an overextension of the term “politics” to encompass every aspect of every democratic system for reconciling conflicting claims, to the extent that the term loses much of its meaning.

Maybe this is horribly consequentialist, but for me it really comes down to this: for several reasons it strikes me as deeply unwise to put our working legislators on a constant fundraising treadmill (particularly given our legislative institutions’ other tendencies toward self-lobotimization). Yet that’s where we’ve found ourselves.  Efforts to untangle this problem quickly run afoul of speech rights.  But the speech rights in question almost invariably belong to people who wield incredible financial, social and political power.  What’s more, the rights in question tend to be concerned with the amplification of those individuals’ speech in forums that are not and will never be available to most people, rather than rights associated with getting one’s message across some threshold of discoverability.

My principled friends will be aghast, but the idea of trampling on that particular subset of super-speech rights bothers me basically not at all.  Sure, I would prefer a solution to this dilemma that arrives in a neatly-packaged, internally consistent collection of philosophical and legal thought.  But if I can’t have that, I will be content with something that wades through the pragmatically-minded muck along with much of the rest of our system.

(For the record, I would be happy to support a compromise that allows unlimited political contributions in support of speech that takes the form of blimps)

5 Responses to “a couple of quick responses”

  1. Dan Miller says:

    With regard to the floors vs. ceilings debate, I think you’re underestimating the difference that would be made. The analogy to pro sports doesn’t work, for one main reason. Consider–Michael Jordan can only play for one team, and he’s much better than the second-best person. In that type of competition, the one who pays MJ the most will get a significant advantage.

    But this is in no way analagous to campaign spending. Once you pass a threshold where your message can get heard by the electorate, additional money is less useful (not useless, but less useful). So increasing the number of campaigns that pass this minimum threshold will do a lot to make elections more meaningful.

    I used to work for a campaign consulting firm, and you’d be amazed at how the presence of a viable challenger can turn a seemingly unwinnable district into one that’s very competitive. Increasing the number of these viable challengers, and making it so that you can be a viable challenger without having to kiss the ass of every rich person in your district or out of it, would be a huge step forward in tilting the playing field back towards the interests of ordinary people. And it raises very few constitutional issues compared to restraints on speech, which is especially important given that SCotUS has been getting worse and worse on this issue.

  2. Tim Lee says:

    And it raises very few constitutional issues compared to restraints on speech, which is especially important given that SCotUS has been getting worse and worse on this issue.

    By “worse and worse” you mean they’re taking the First Amendment more seriously?

  3. Tom says:

    I suspect the answer depends on what you mean by “more seriously”. It does seem worth noting that as free speech has been scoring wins in defending non-humans and the rich, we’ve been brutalizing whistleblowers and mulling legislation that lets the government disappear websites without judicial review. These things can’t be laid at the feet of the Supremes, of course, but I do think they’re representative of larger trends in our society to which the high court is subject. Certainly I have no reason to anticipate better results on these questions from them.

  4. jeff says:

    Your blimp proposal is a pretty transparent giveaway to Big Helium. For shame.

  5. Tony Dorsett says:

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