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Jessica Levinson

Jessica Levinson

Posted: September 23, 2010 04:31 PM

In one corner we have Mega-Meg Whitman. In the other corner stands Downtown Oakland Jerry Brown. The fight will not only determine who will be the next governor of the great State of California, but could also tell us whether money really does talk.

Our campaign finance law is based on one primary assumption, that money is speech. If that is true, Meg Whitman sure is talking a lot. Meg Whitman has a lot of money. Good for her. The question is, is it fair for her to be able to tap into her vast personal financial resources for her bid to be the next governor? Whitman has spent more of her own money on her gubernatorial bid, approximately $120 million, than any other candidate in American history. Let me repeat: Meg Whitman, in her maiden campaign for elected office, has spent more of her own funds than any candidate in our country, ever. Has she also spoken more, conveyed more than any other candidate?

In 1976 the Supreme Court concluded that money spent in campaigns is basically the equivalent of speech. For those who follow politics, it is hard to overstate the ramifications of this decision. The court found that because money is speech, the government cannot limit a candidate's ability to use her own funds in a campaign. The court concluded that such a restriction would impermissibly muzzle the speech of a self-financed candidate. Thirty-four years later, enter Meg Whitman. Decidedly unrestricted and ready to spend.

If the Supreme Court is right, presumably I should hear more from, and know more about, Meg Whitman than my overly chatty neighbor, who recently regaled me with a lengthy story about her dog's finicky eating habits. Once the Supreme Court decided money is speech any restriction on the amount of money that could be given or spent in an election has to be analyzed under the First Amendment. The First Amendment stands as a vital protection against governmental censorship, an edict rings out that, "the more speech the better." It is hard to argue with that.

However, when it comes to a candidate's spending of her own money, the public should ask themselves, which situation produces more speech, one in which a wealthy candidate's spending is restricted, or one in which it is not? Framed in the negative, what is more dangerous, restricting a candidate from spending her own money, or risking the possibility that she will drown out the voices of others? There may not be such a thing as too much speech, but there could be something to the idea of too much spending.

 

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In one corner we have Mega-Meg Whitman. In the other corner stands Downtown Oakland Jerry Brown. The fight will not only determine who will be the next governor of the great State of California, but c...
In one corner we have Mega-Meg Whitman. In the other corner stands Downtown Oakland Jerry Brown. The fight will not only determine who will be the next governor of the great State of California, but c...
 
 
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04:31 PM on 10/27/2010
If only people were as willing to have their money go to government programs as to people trying to get into government - that 120 million would really help with any number of problems California has.
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Nicole Dixson
01:58 PM on 09/25/2010
Money talks everywhere. Why would politics be any different?
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1logicalthinker
with occasional humorous overtones :)
03:05 AM on 09/25/2010
They are debating Tuesday night at 6pm PDT. It will be broadcast on channel 7 in L.A. (but then most of you already knew that).
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02:06 AM on 09/25/2010
The potential for drowning out the opposition is real.
On the other hand the money is hers as opposed to some special interests (which the average voter won't even be aware of) so she won't owe any favors after the election.

It's a conundrum and I don't profess to know what the answer is.
09:55 AM on 09/25/2010
Don't forget, she's "invested" $120 mil on a job that pays a couple hundred thousand a year. She is going to want a huge return on her investment. And she will find a way to get every penny back, with interest. So she might not "owe" special interest groups, but you'd better believe that every deal she makes will be about the ROI first and CA second.
10:07 AM on 09/25/2010
This is an inane post.

a cpl of qusetions,if you would
1)First,Calif is broke. How will she get the money?
2)Secondly,she's worth nearly a billion dollars.Why would she want money?
3)Why not start with the postulate California is such a basket case and she's worried if things continue the widespread misery will become evenworse?
Because,face it. smart people are leaving the state,you can't make bond payments,the universities have entire depts that arejokes,except for DC,Cal is rated the worst business mkt in the US , F and W estimated an excess of 400,000 public jobs.Oh ,well. I don't want to batter you with faactual info. Keep right on with the denialEverything will be find
05:42 PM on 09/26/2010
That is such an absurd concept. There is no one running for Congress and above where the cost of campaigning is less than the salary.

CA has become a huge debtor state.........Greece on crack. The next Gov is taking on a catastrophe, there is nothing to feast on.

Begone with your absurdities.
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Michael Valentine
Retired SEIU Member
09:47 PM on 09/24/2010
Note to Meg.

Just send the cash to the voters.
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Hardyman1966
The antonym of liberal is INTOLERANT.
07:21 PM on 09/24/2010
I'm thinking here in California, this year of all years, NO ONE is impressed by the vulgar way this woman flaunts and burns through her money with no civic experience and no voting record to look at.

I've already instructed all friends and family that if they vote for her, it's best not to tell me.  I don't want to know that there are people in my life stupid enough to give this b*tch the keys to the governor's mansion.  I'm not necessarily a Jerry fan, but ANYTHING has got to be better than letting her Buy Us Now.  It will do nothing but set a precedent in motion that this country will never recover from.
10:13 AM on 09/25/2010
I'd like you to consider your state now. Heinlein wrote a classic short,"If this continues"-you might want to read it.Simply,for whatever reason,Cal voters have engaged in delusion.The mills of economics grind slowly,but they do grind. So many of you seem to resent money and/or intelligence,but it hasn't worked out well for you.Personally, I'd like a cpl of more years od Dem incompeteence and denail.In too many ways ,some of you remind me of the post WWI Weimar Germans -making excuses for your beli3efs. I don't want you to be able to say,"If we just tried a little longer,everything would have worked."
And ,to quote another sf character (Louis Wu );"Stupidity can be a capital crime."
11:43 AM on 09/24/2010
There are far larger sums to consider than Meg's money:

1) CA taxpayer contributions to pensions have risen 2000% in 10 years and that will just get worse
2) > 12,000 civil servant pensions are > 100K/year and the "millionaires club" is growing in leaps and bounds
3) 75% of Oakland's general fund is consumed by police/firemen, leaving the city hardly anything for other basic services, let alone improving the city
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whyus
San Francisco native
01:56 AM on 09/24/2010
Gosh, the answer to that question is"yes".

Go Jerry Brown - nail her on Oct 2. You don't need money. Or at least not that much.
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11:07 PM on 09/23/2010
Should big self-financers commit to donate $N to the general fund for every $1 they spend campaigning if they win? (N = integer > 1) Or X% of their net worth? (70
12:53 PM on 09/26/2010
Really inane. Youre' trying totax a person for running for an office.Not only would most people reject it,but it's been tried before in the Old South.They called it a poll tax.
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elan4444
06:05 PM on 09/23/2010
Yes, money is speaking - natch. But if Brown doesn't get his foot out of his mouth, he can kiss this election good-bye. He has hard-working people knocking themselves out for him, yet he keeps on using very poor word choices, like "Nazi," and putting Pres. Clinton down with references to the Lewinsky affair. The man is just lucky that Clinton endorsed him after that one. I get very distressed when I see this lack of forethought - I have worked on Dem. campaigns for years, and am sitting this one out for a break. First of all, could the man smile once in a while? Whitman has this down, flashing teeth regularly (people like to think you're approachable). Second, we're at the point where he needs to appear with a pet - a dog. (yes, and this is not stupid) People like dogs, and it shows you have kindness - people just LIKE it, don't ask. Third, talk about how your admin. REDUCED spending, and enhanced the university system. Brown has a very good gubernatorial record fiscally - so remind people of it. And finally, don't embarrass yourself at the women's summit. Thanks!
05:43 PM on 09/23/2010
Its amazing in this country that when you have money you have the power to "buy" anything and anyone.
10:14 AM on 09/25/2010
No,Duffy.It's not that simple.Money can be a help, but the biggest factor in the REpub tsunami is the incompetence of the Dem model.