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Lawrence Lessig

Lawrence Lessig

Posted: January 2, 2009 03:16 PM

How Should We Get Big-Money Influence Out of Congressional Elections?

What's Your Reaction:

As many of you know, I've turned my central focus away from the issue covered in my recent books - the Internet and "free culture" - and turned it instead toward combating corruption in Congress.

I did this because we all have issues that we care about most, but progress will be stifled on every big issue until we solve the threshold problem: big-money interests having disproportional clout in our public debates.

Later this month, I and others will announce a large grassroots campaign aimed at channeling the amazing desire for change that Americans are feeling right now into tangible and fundamental reform of our political system.

Together, we will demand that politicians pass a law removing the power to fund congressional elections from the hands of special interests and put this power into the hands of regular people. (To be among the first to know about this new campaign, sign up here.)

This campaign will be led by Change Congress - the new organization I formed with Joe Trippi - and others in the reform community. But achieving this goal won't happen because of one person or organization; it will take all of us thinking through this problem together and then demanding big systemic change.

So, today, I'm asking for your help. Here are some questions that election reform advocates are pondering - can you think about them too and share your thoughts below? (I will join David Donnelly from Public Campaign Action Fund today in checking the comments below and responding to them. Please join the conversation.)

1) Reformers are considering a plan by which congressional candidates who raise a threshold number of small-dollar donations would qualify for a chunk of automatic funding - several hundred thousand dollars. If they accept this funding, they couldn't raise big-dollar donations. But they could still raise contributions up to a certain amount (such as $100 or $250), which would be matched several-times-over by the central fund, an incentive for politicians to opt into this system and focus on small-dollar givers. What do you think of this general framework?


2) Senators Dick Durbin and Arlen Specter sponsored a bipartisan bill last Congress that would make TV broadcasters pay a fee that would be the sole source of revenue for the central fund that candidates draw from. These broadcasters get access to our public airwaves for virtually free and make billions of dollars in revenue as a result. Under this scenario, no tax dollars would be used - eliminating the central talking point by reform opponents. What do you think about a fee on broadcasters to fund this reform?

3) "Public financing" was the old name for this issue - which would no longer be accurate if the Durbin/Specter proposal passed. And the name's not that good anyway. What do you think we should call this reform? Clean elections? People-powered elections? Citizen-funded elections? People-funded elections?

4) Barack Obama is on the record supporting the reform of presidential public financing. Some reformers want to pass presidential financing reform first, then pass a separate congressional bill down the road. Others want to merge the two bills and have one joint national debate. What do you think?

We won't pass any meaningful reform without a nationwide grassroots movement. And you are key to that movement getting off the ground. We need your brainpower in thinking about the policies we'll rally around. Then, we'll move forward together.

Can you think about the questions above and share your answers below? I look forward to reading your responses and responding.

Click below for Lawrence Lessig's keynote address on corruption at Netroots Nation 2008:


To stay in the loop with Change Congress, click here.

 
 
 

Follow Lawrence Lessig on Twitter: www.twitter.com/lessig

 
 
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HUFFPOST SUPER USER
seanparnell
09:22 AM on 01/13/2009
The logic behind this is, as Olaf once told Aud, "insane and happenstance, like that of a troll."

From my post at the Center for Competitive Politics blog:

...basically, Lessig and Trippi and those who go along with this are going to let candidates know there's campaign cash available to them if they adopt their preferred public policy. And lots of cash, too - as the AP article notes, the "...group will tally the amount of donors withholding their money, along with the total they have contributed to political campaigns in the past, to show candidates how much cash they're leaving on the table if they refuse to support a citizens' financing measure."

...Umm, isn't this exactly the sort of thing the "reformers" are supposed to be opposed to? Interest groups putting cash on the table, promising candidates and elected officials that they'll get some of it if they vote their way? I would say I'm confused, but obviously but Lessig and Trippi are way ahead of me on that score.

Sean Parnell
President
Center for Competitive Politics
www.campaignfreedom.org
sparnell@campaignfreedom.org
09:31 PM on 01/11/2009
i would like too join up with you. I started a blog but I will gladly sign up with you folks in this endeavor. My blog is (was now) http://freespeechforsale.blogspot.com. In the 1970s we got a Supreme Court decision in Buckley v. Valeo which basically held that money equals free speech. It is based on the concept that seems irrefutable that you can do what you want with your money. But there is an invidious corollary to that which is that the more money you have the more "free speech " you can buy. That is ok but what if you spend so much money that it crowds out my right to free speech to such an extent that my right to free speech is meanigless. This is what has happened to our political system. Realistically we will not be able to overturn Buckley v. Valeo. All of the reforms that have been suggested have had to face the decision in Buckley v Valeo. It seems that under the circumstances all we can do is nip at the issue around the edges. i have tried to look at this issue from the opposite end in the context of what is politically doable,. You can not get money out of politics . It is an essential element of anything you do. I am looking at ways to diffuse the impact of money on the political sysytem. I have some ideas. I will sign up and perhaps contribute some ideas..
05:46 PM on 01/11/2009
Proposal 1) Agree with general framework, fine-tuned.
Proposal 2) Good, if cable broadcasters included. Licenses should be contingent on broadcasters
providing a certain amount of free air-time for campaigns and debates by all candidates.
Broadcasters DON"T get to decide who is a "viable" candidate.
Proposal 3) Call it "Clean Elections"
Proposal 4) Do 'em all at once.
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HUFFPOST SUPER USER
RumiSouth
Caerbannog!
05:13 PM on 01/11/2009
Here's an idea: let's add 50 Senate seats and auction them off to industry by sealed bid. Just put the lobbyists in office so they can skip the middleman (our elected senators) and fill the public purse in the deal.
05:07 PM on 01/11/2009
Campaign finance reform, or whatever you want to call it, is THE ONLY ISSUE that matters. As long as massive amounts of money is necessary to win elections, the system will be corrupt.

Equal money/equal time for all candidates; take money out of news; bring back journalism, be rid of news-readers.

How this all happens, I haven't a clue. Since everything is so commercialized, since 'news' is deliberately mixed with entertainment, and since news/politics is so profitable, I mostly think we're beyond a way out--but a solid movement as you offer, Mr. Lessig, is a start, and I'm signed up and ready to do my part.
04:40 PM on 01/11/2009
When I clicked on this essay, I thought for sure I would see a plan that limits first ammendment speech protection. I was glad to see I didn't.
04:30 PM on 01/11/2009
Responses keyed to questions by number. Support the direction and goal entirely.

1) There’s not sufficient time in a one-day analysis and comment window. General framework improvement, but concern over the leverage effect of some candidates over others from the central fund multiple. Also, impression is that it is inadequate to the problem.

2) Interesting, if sufficient. Support the concept.

3) The Electoral Funding Reform Act of 2009 - EFRA.

4) Any “separate congressional bill down the road” is a non-starter and would be a bet on the improbable. There should be one bill, covering both presidential and congressional.
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HUFFPOST SUPER USER
FernandoRuiz
03:31 PM on 01/11/2009
I think its a great start and it is absolutely imperative that we get the special interests out of our elections and by the same token our politicians out of their pockets. Here are my answers to the questions:

1) Great idea but there have to be measures that prevent corporations from donating money from large amounts of private accounts.

2) This should definitely happen.

3) How about Dickspecter elections? :P

4) I think with the unpopularity of Congress, this should be the first bill passed, even before the presidential one if possible. Because of Obama's success with small donations this past election, this will be how most candidates raise money in the next election and you can bet that conservatives will use their patented fear mongering to scare the base to donate enormous amounts of cash.

One last point, I think that campaign commercials are a horrible way for candidates to get their message out. Most of these are usually just attacks on the other side and hardly ever say what the candidate proposes to do. The American people would be better served if these were eliminated completely. Hope we can get these reforms passed!
04:32 PM on 01/11/2009
Why make it complicated.

Think about this… A constitutional amendment that would state something like the following: Persons may only contribute to a candidate for which they are eligible to vote. The amount could be increased each year, but restrict the amount to the same percentage as the increase in the minimum wage.

Stop and think about everything that would be accomplished in one move.
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11:54 AM on 01/11/2009
Public financing, yes!
07:15 AM on 01/11/2009
My original post of 1/2 apparently got zapped somewhere else(?), so here goes . . .

If you want to get big money out of politics, apply the same advertising restrictions on political ads that are in place for cigarettes -- ban them from tv. Yes, it's that simple.

There would be no infringement of First Amendment rights, like the MSM has claimed in the past when this idea has been proposed, b/c politicians and their assorted ilk can still advertise in print media and on the radio and the internet -- only television would be affected -- and that's where the greatest portion of Big Money is spent anyway.

And that's why the fat cats in the MSM tv boardrooms don't like this idea -- it afffects their profit margins -- tv ads are their bread and butter, come election time. Whine, whine, whine.

Who cares if the current system is seriously undermining the principles which the country was founded on? And erroding democracy?

It's the greed, stupid!
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HUFFPOST SUPER USER
barriosbabe
12:16 PM on 01/05/2009
"You will never be able to legislate rules to get money out of the system." - ffk

Politely disagree.

The catch is that the American populace has to care.

People said Prop 13 would never pass, people said you could not mobilize an entire country for WW2 in 3 months etc etc etc (not that those things are "good.")
08:52 PM on 01/04/2009
The important things are no contributions from any source except the public funding pool, and a limited, structured amount of free television airtime, i.e. 6 months long, 1 debate for Reps, 2 for Sens, and 3 for Presidential candidates, plus one or two televised speeches, and that's it. The candidates can spend their campaign money as they otherwise see fit during that 6 month period.

Some say public funding of elections is too expensive. It's too expensive not to.

It also would be best to get a Constitutional Amendment requiring that elections for national office be publicly funded and prohibiting all donations.
09:50 PM on 01/04/2009
I totally agree with you. I've suggested similar proposals myself on other blogs.

I'd also of my own opinion, go to what may be considered extreme, but .. Ban all gifts of any amount, any type from anyone while in the office that includes travel... if they cannot justify it by flying taxpayer funded 1st class, then it doesnt need to be done.
I would also legislate the time frames for the primary and the general election and mandate In-Person campaigning in all 50 states and voting territories. Its not at all equality to exclude some states because one either "cant spare the cash" to show up, or because one thinks either candidate has that state or territory sown up.
Theres no excuse to have a 1 yr + long primary, that ends with only 3 months of General election campaigning. Ridiculous. Our system is backwards.
Do away with caucuses, its not representational and from all appearances turns into an insane free for all of yelling, deal making, and BS, that ends up forcing people not to be able to vote for the candidate they wanted.
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HUFFPOST SUPER USER
barriosbabe
12:14 PM on 01/05/2009
Agree.

Don't forget the other end of the equation:

Ban all lobbying and wining and dining etc once they are _in_ office.

I'd also make Congressional jobs very unappealling to the power broker types.

We need a congress full of Kuciniches and Harvey Milks!
04:01 PM on 01/11/2009
Point 1 --- Lobbying is protected by the U.S. Constitution, it ain't going nowhere.
Point 2 --- I'll bet you didn't know who Harvey Milk was before the movie came out.
Point 3 --- Dennis Kucinich has fundraisers all of the time and guess who his biggest contributers are? Yep, lobbyists!
Point 4 --- Same thing applied to Barack Obama before he decided to run for President.
08:51 PM on 01/04/2009
The only system that will be clean and representative of the voters is 100% publicly financed elections. I'm opposed to idea #1 for that reason. Idea #4, revenue from media (and combined with tax dollars) would be good. The key is to create a system in which only the voters' opinions matter. With no financial contributions from any source, except the public pool, politicians will be forced to win voters with their ideas and policies. America is supposed to be about the meritocracy of ideas. Lobbyists, etc. will still exist, but they'll be forced to argue their positions based on merits, not on how much their group gave to the candidate. Under the table corruption is still possible, both pre- and post- election, but with donations of any kind prohibited, it makes it a black and white criminal issue, easily prosecuted.

In addition to the public financing, a limited structure of debates and free airtime will be required of the networks. Around a billion dollars was spent on this last Presidential election. It's time to simplify, and reduce costs.

I'd like to prohibit media buys by 3rd parties, but that is certainly a First Amendment issue. We'd have to keep in place reasonable limits to prevent 3rd party media spending from being an unofficial donation and source of influence on candidates.
08:39 PM on 01/04/2009
Prohibition didn’t work. The War on Drugs didn’t work. Outlawing prostitution didn’t work. Gun control will not work and laws against special interest funding will not work. The best that you can hope for is to make it obvious as to who is contributing the money and relate it to the bills introduced and voted on. That way the constituents can make informed decisions at election time. If they fail in their duties then so be it. Thus political contributions over a given amount should be made in the open. The individual or group making the contribution must do so in person, on the Mall, in front of Capitol, in cash directly to the politician with cameras rolling. Come election time the local news will have hours of footage.
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HUFFPOST SUPER USER
barriosbabe
12:13 PM on 01/05/2009
Bad analogy. Those things "didn't work" because millions didn't want it. It's ordinary conduct. It's only a small slice of rich p1gs that want the heavy influence. As a former prosecutor with a decade of experience I'm here to tell you: unethical or crooked conduct that is pursued does lessen.
10:10 AM on 01/11/2009
Agreed. I was trying to think of what it was that bothered me about this analogy, but you hit the nail right on the head for me. The irony is that more likely than not it will be much harder to convince the powers-that-be of the illogic (and implicit unfairness) of the present system than to convince them of the merits of a people-powered election process... actually, they don't need convincing, they are well aware of the inequities of the present system... they just don't want to admit they back such unfairness, that, in fact, they have deliberately designed a system they can so easily game to their benefit...

The convincing they will need has more to do with the fact that more and more of us are hip to their games, and want to put a stop to their shenanigans. It will not be easy, or pretty... but it can be done...

Yes, we can, and we will.
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harveyr2
Be skeptical of politicians or be their pawn
07:54 PM on 01/04/2009
Transparency in donors is all that is required.

Everyone and any entity should be allowed to donate as much money as they please so long as the information is made public immediately.
09:11 PM on 01/04/2009
Not quite that simple.

A great number of donations are made by non-profit front orgs with innocent-sounding names like "People for Freedom" or something like that. Who wouldn't support "freedom?"

Until you learn that "People for Freedom" is a front group for the oil industry (or something), you might not be interested.

Transparency is a great idea, but really hard to make work. If you have some ideas on how to make things truly transparent, I'm all ears...