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Should the Government Have Authority to Determine What a Campaign Spends Money On?
By Bill Cavala
A veteran of over 30 years in Sacramento
The Federal Constitution’s First Amendment prohibits the government from restricting the content of “speech”. This restriction on government was extended to the states with the 14th Amendment. The “time, place and manner” of a speech maybe subject to regulation, as can the content if it constitutes a “clear and present danger” to the public – such as “shouting fire in a crowded theater”.
In a political campaign, the court’s have recognized that “money is speech”, and that, because campaign activity is the purest form of protected expression, any proposed restriction would be subject to the strictest scrutiny. Corruption or its’ appearance may justify restrictions on contributions to corruptible politicians, but not to ballot measure efforts because the people, in a democracy, are incorruptible.
This simplified description provides a legal background for the effort of the Fair Political Practices Commission to reign in the use of campaign funds for purposes with which they disagree. The law states that campaign funds may be used for any activity reasonably related to a legislative, governmental or political purpose. It was written that way to avoid giving bureaucrats the temptation to regulate the content of campaign expenditures, to place legal restrictions on speech.
But not written carefully enough, it seems. Former G.O.P. Senator Ross Johnson, now Chair of the FPPC, has proffered a new regulation that would require “disclosure” of the “reasonable relation” between a campaign expenditure and it’s “political, legislative and governmental purpose”.
Fair enough. A little sunshine is harmless. But it won’t stop there. Because the Commission is bound to find the relation of some expenditures disclosed NOT “reasonable”. Enforcement actions will be triggered, ostensibly on disclosure, but in fact on a disagreement on how campaign funds should be legitimately used.
Such a debate is always in order. But the government lacks the constitutional authority to resolve it.
This was the traditional liberal view – challenged by conservatives who were prepared to throw away the limits on the use of government power if it got in the way of their ideological goals (the “Red” menace). Ross Johnson is such a conservative. He wrote the law that outlaws the use of mail by public officials. If interpreted as he wished, it would have eliminated the ability of the executive to communicate with his agencies except by phone. The pre-Johnson FPPC fixed the problem by defining “mail” in such a bizarre manner than only a dozen attorneys know what it means.
But Johnson and his proposed regulation are now praised by the same journalists who would scream bloody murder if the government attempted to regulate the content of their protected expression.
Bill Cavala was Deputy Director of the Assembly Speaker’s Office of Member Services where he worked for over 30 years.
He attended undergraduate and graduate school in the 1960’s and received a doctorate in political science at UC Berkeley. He taught political science at UC Berkeley during the 1970's while he worked part-time for the State Assembly.
Cavala left teaching at UC Berkeley and went to work for Assembly Speaker Willie Brown in 1981 until his tenure as Speaker ended in 1995, and he has worked for his five successors as Speaker up to and including Speaker Fabian Nunez.
Mr. Cavala manages election campaigns for Democratic candidates.
Comments
Bill,
So where exactly does Speaker Fabien Nunez's spending campaign cash on personal perks fit into this discussion?
You know, those trips (vacations)to European soccer games and to France ostensibly a "trade mission" (aka, vacation) where he bought some $4000 in French wine? (Wine is something we produce here in California isn't it?). Just where in Nunez spokesman Maviglio's wine cellar is the wine hiding now? Is he holding the wine for Nunez until Nunez $1.2 million dollar home is ready in Sacramento with his own wine cellar? (Nunez represents the "poor" of central LA. I guess his legislators per diem needs a little help to by a lavish home up in SAC?)
Why was Nunez given $3 million in campaign contributions last time around when he was running UNAPPOSED for office? What happened to that $3 million anyway? What legislation was bought & paid for with that money?
Bill, as one of those who "worked" for Nunez, did you advise him to spend campaign cash this way? Are you doing so with other democrats who you are managing their elections for? Can you tell us, once and for all, just WHO you are working for this way during this next election cycle?
Do you really think Proposition 93, which if passed and would give Nunez and ADDITIONAL TERM over EXISTING VOTER APPROVED TERM LIMITS in office is a good thing when he behaves in such a way? Or if his leadership results in a budget with a $14 Billion Dollar deficit like we have today? What kind of "political science" is this anyway?
Posted by: Jay Gould at December 16, 2007 12:00 PM
Jay: Can you tell us who you are and who you work for? Cavala's been identified in his capacity since his first column here. He uses his own name. Who are you?
By the way, the guy in the corner office, aka Schwarzenegger had the power to delete any item in the budget but didn't do so. He cut the car tax--about $5 billion a year. The Republicans never really said what they wanted cut during the budget negotiations in June last year--On June 15, Villines, the Assembly Republican leadeer said it wasn't up to him to suggest where the cuts come from. There's also this prime lending fiasco which is responsible for billions.
While I happen to agree with you that there are rule changes needed here--and I'll probably have that out tomorrow, I can't see what the deficit has to do with term limits, which wasn't the subject of the article in the first place.
How many more red herrings do you have to throw out here?
Posted by: Frank D. Russo at December 16, 2007 01:27 PM
Frank,
I am a Californian and don't "work" for anyone, I'm not a "republican operative", whatever that is. Send me an email if you have specific questions-that offer remains on the table. As far as using my "own name", your ire is selective. Why don't you ask others to supply who they "are"? Take "Publius" for example, a very frequent contributor here. Please be consistant in what you want everyone to do.
That being said, a blog entry is often assuming of a little anonymity (sp?) as an employer, neighbor or wacko may not appreciate an individuals blog entry. More often than not, bloggers don't formally ID themselves but use a "handle". I thought you kinda already knew that which is why you don't "insist" all bloggers ID themselves. Besides, look at it like the Patriot Act: is sacrificing more personal privacy what you desire?
To point, the article was about how campaign money is spent. Nunez is in the news a lot as of late for his spending campaign cash on his personal life. (I didn't make this stuff up). Cavala "worked" for Nunez. It is all in his article and in Cavala's mini-bio so obviously I can make those connections.
Nunez is one of the main benefactors of Prop 93, "Term Limits" should it pass. How can a principle creator of a budget with a now $14 Billion Dollar deficit be deserving of having existing term limits waived so he can hang around longer?
Frank, you are correct on the republicans, the governor and the budget above as you mention. However, they are not the ones who rammed a budget (eventually) with a $14 Billion Dollar deficit through the legislature and placed it on the Governors desk for signature, the democrats did.
Why the "car tax" at all? It is sick to pay some $400 more every year just to register a car and the recall election proved that... If taxes need to be raised, why not raise the general tax? That would take political courage which is why nobody tries. Therefore, are higher taxes really needed over budget cuts?
No, Cavala has not to my knowlege mentioned who exactly he worked for or is working for on campaigns today. Curious as to who they are as he does seem proud of it in his mini-bio above (Frank, you may have written it but he has never objected to its contents over time). So why not mention them?
Because he (Cavala) can be contentious. He did expouse one-party rule with a media component, an obvious parallel to either communism or fascism and has mentioned, with Publius concurrence I might add, that republicans/conservatives have "something wrong with their physical brains" as "proven with MRI's". Yet another parallel to an "elite" mentality as those mentioned above.
They are not "red herrings" if they in fact said these things. They did. Multiple times in fact.
Frank, you know when I agree with you or an article writer, I say so. I'm not hard "right" beyond fairness and logic. I have noticed a similar tendancy from yourself to agree or not based on a fair look at the whole thing.
Cavala on the other hand is a self=proclaimed political type who admitted he would "do what it takes" for his candidate to win: exaggeration, wit, cut downs, whatever, to tar the opponent or their positions with. Therefore, he should expect the same in return. I suspect he has a thick skin and can take it!
I do enjoy this website and the dialogs it creates, even if we agree or not.
Posted by: Jay Gould at December 17, 2007 11:21 AM
I assume Jay was a robber baron.
Among my clients last year was Lou Correa, who won California's only contested State Senate race.
I'd say more, but the GOP leader in the Senate claimed to have turned his "lawyers" loose on me for winning in an underhanded manner.
Why do you ask? Do you have work for me?
Posted by: william cavala at December 17, 2007 02:37 PM
Hello Bill,
I appreciate your reply. Even the part that is tongue in cheek!
I had to ask who you have worked with, and obvious question as every one of your articles says this is one of your things that establishes your views/expertise. So why not further quantify it? Its only logical to ask.
Back to point, I am unhappy as many who chime in here, of the obvious lack of consistancy in pointing out the "faults" of one party while giving the blind eye to the same shenannigans of your own. Of course, if winning is everything, then you do what it takes.
But the real deal, like Nunez being a proponent of the "poor" is such a joke and all based on his own doings, yet many folks here just pretend it isn't happening. It is "bad" for a republican to enjoy his relative "riches" but it is OK for Nunez to spend to excess (campaign cash?) on himself? Nobody wants global warming or the trashing of the planet in general yet Al Gore telling everyone how they should preserve the planet from a private jet and unwilling to debate the issue openly? This is how it "works" in your party?
Franks points above about the republicans and the Governor not doing their "share" on the budget. True. Yet where is the honesty that even after the republican budget delay (to no avail) that it was democrats in the legislature whose budget is once again off, this time $14 billion off? Where is the honest and open debate let alone governance? How can Nunez and other legislators DESERVE to keep their jobs via a intentionally to deceive-poorly written Proposition 93?
I so suffer for having this name of mine too... Consider me the "robber baron" of pure politics for the sake of common sense and reasonable government!
Posted by: Jay Gould at December 17, 2007 03:42 PM
It takes two to tango - and a 2/3 vote (which means not just some Republicans but all Republicans since they act under the unit rule) , plus the signature of a GOP governor (who also has a line item veto) - to pass California's budget.
The last time we had a "democratic" budget was, i believe, in 1976.
Posted by: william cavala at December 17, 2007 06:16 PM
Bill,
Of course it takes the 2/3 vote, just like you said...
Of course the republicans held up the budget this year in a vain look for cuts, and failed.
But, your latest answer hides the majority democrats behind the minority party for not doing the right thing! Please list:
-Democratic legislators who proposed budget cuts during the budget process.
-Democratic legislators that supported the republican legislators lame attempt at securing budget cuts
-Any democratic legislators TODAY-NOW saying what should be cut from the budget OR supporting a 10% cut across the board (and not that that is the best solution either).
The answer is NONE. There are ZERO democrats who exposed fiscal responsability BEFORE the budget was passed on to the governor or even AFTER the repulican lame delay on the budget. There are also ZERO democrats coming forward TODAY with any viable solution to balance a budget badly out of balance, the one they just passed mere weeks ago.
But the dems DID, in the assembly, pass yet again another taxpayer heavy initiative on health care just to "feel good" about doing so. It is so flawed even Pro Tem Perata is putting off looking at it until the budjet mess is addressed. Perhaps Mr. Perata is a "fiscal conservative" after all!
No doubt Bill, you will blame this not very well thought out health care initiative on the Republican Governor for it's eventual failure. One Republican (in name only?) verses how many democrats thus far in the assembly alone, including Nunez, want this monstrosity? Do the math: another $14 Billion dollar "initiative" piggy backed on an already determined over $14 Billion budget shortfall? Just what grades did these folks get in their math classes?
Couldn't help but notice in your brief blog entry that you didn't address Nunez's "rich-wealthy" persons spending habits. I thought democrats liked to stick it to the "rich". Here you go, I found one for you! And it probably effects his legislation accordingly... a perfect foil for your political points to be made with.
Posted by: Jay Gould at December 18, 2007 01:46 PM
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