Protecting the guild
The blog favorite political analyst, Ryan Sagar, celebrates five years to the famous Bipartisan Campaign Reform Act of 2002 - And what a celebration it is:
Five years ago today, President Bush signed into law the Bipartisan Campaign Reform Act of 2002. Today, American politics is so clean you could eat off it — except for the mud-slinging, back-scratching, favor-trading, influence-peddling, bald-faced lying, indictments, and convictions.
Nonetheless, the folks who brought us the bill known colloquially as McCain-Feingold will be taking a wildly undeserved victory lap this week. After all the big promises leading up to the passage of McCain-Feingold, one is tempted to resort to the phrase "moving the goal posts." But, in truth, the more apt simile would be that the reformers’ arguments are like bumper bowling: So long as they roll the ball in the right direction and manage not to hit anyone in the face, they get to feel good about themselves.
Unlike the image of protecting clean politic the act was, and still, focus on something much more important - making it harder for challenging candidates against the incumbent:
The former senator from Tennessee, Fred Thompson, who championed McCain-Feingold, promised that it would "help challengers reach a threshold of credibility when they want to challenge us in these races." Putting aside the ludicrous notion that 535 incumbent politicians sat down and tried to write a piece of legislation that would make it harder to get reelected, five years later there’s no evidence electoral competition has increased. Sure, control of Congress turned over. But anyone who attributes the 2006 election to McCain-Feingold, as opposed to Bush-Cheney-Hastert-Frist, is delusional.
[...]
Of course, curbing and "slowing" speech critical of politicians by "outside interest groups" (a.k.a. "citizens") is in no way a permissible goal under the First Amendment. But, ultimately, the politicians may have failed in this most nefarious goal. And it’s not just the Swift Boat Veterans for Truth who showed the way around it.
While the Supreme Court has so far upheld the patently anti-Constitutional ban on advertising by citizens’ groups 30 days before a primary and 60 days before a general election, the rise of Internet politics may eventually supercede this atrocity. Witness the anti-Hillary Clinton "1984" ad that caused such a stir on YouTube just last week. Such ads, cheaper than dirt (it costs money to distribute dirt, YouTube’s free), will only be more important with every election cycle.
For this reason, look for Congress to start taking an interest in "unregulated" Internet speech any day now. Money has never been the issue. Cleansing our speech of impure thoughts about politicians is the real agenda.
I’m afraid to think about the 10 years anniversary party of this act, it might get closer to this…
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