A Simple Way To Reform Political Advertising.

Since the Supreme Court decisions in Buckley v. Valeo, Citizens United v. FEC and McCutcheon v. FEC, there have been numerous initiatives to reform election campaigns. Most involve asking Congress to pass Constitutional Amendments that would control election finance or require publicly-funded elections. Though these attempts are admirable and necessary, I think they have little chance to succeed. Instead, I propose a much simpler way to reform political advertising that would not, in any way, infringe on the right to free speech.

All we need to do is hold political advertising to the same standard as advertising for products and services.

When a large corporation produces an ad for a product or service, it subjects the ad to legal compliance before placing the ad on television. That compliance process makes sure that any claims can be substantiated and defended in court. If the claims cannot be substantiated, the company may still run the ad at its own risk. (Indeed, even those ads that have passed legal compliance may be the center of a lawsuit.) But the company, the advertising agency, the writer and often the production company can all be held accountable for damages in ensuing lawsuits by numerous organizations such as the corporation’s competition, the Federal Trade Commission, the BBB, state Attorneys General and industry regulatory groups. This process ensures that ads tell the truth.

For example, when I began my career in advertising, I was recruited to write advertising for a product that promised to give your car better gas mileage and performance. Although I had been given a copy of an independent research report, I was still skeptical of the promises. So I asked the clients to sign an affidavit that the information I had been given was true. After the ads ran, the state Attorney General filed a multi-million-dollar lawsuit naming the company, the art director and me. Thankfully, when I presented the affidavit to the AG, the art director and I were dropped from the lawsuit. The lawsuit was settled out of court with the company agreeing to pay a large fine, to return money to customers who requested refunds and to cease sales of the product.

The system worked. But there is no such system for political advertising.

Political campaign committees have long been free to say and do whatever they want. If an opponent sues over false and misleading advertising, the issue seldom comes to court until after the election. By that time the damage has been done; the entity that is the campaign committee no longer exists and usually no longer has funds to pay any fines. Only rarely are individuals held accountable and, if they are, the settlements take place much later away from the public eye.

The Federal Elections Committee could easily solve the problem by demanding that candidates and campaign managers sign affidavits that the claims made in their advertising are true and not misleading. Ads could be submitted to the FEC and bi-partisan state election committees for compliance. More important, all of the individuals would be held liable even beyond the election. (Yes, the system might require more federal and state funding. But isn’t the process of choosing an elected representative more important than choosing a laundry detergent?)

This would make the standards for political advertising almost identical to the standards for product advertising. As a result, this system should impose no undue hardship for politicians.

As for dark money groups (PACS, Super PACS, 501c4s) funded by billionaires and corporations which now sponsor the majority of our political ads, they can be held accountable by a one word change in the IRS code governing non-profits. Instead of the code requiring that non-profit groups be “operated primarily for the promotion of social welfare,” the code should be returned to its pre-1959 wording which required that non-profits be “operated exclusively for the promotion of social welfare.”

The only real problem with this proposal is that Teapublicans simply don’t want to make changes. The FEC commissioners are split with 3 Teapublicans and 3 Democrats, and the Teapublicans have blocked every proposal to reform elections. They are content with dark money, with attack ads and with lies. In fact, they are quite good at it. Recent studies have shown that the preponderance of political lies come from Teapublicans. But aren’t these the same people who demand accountability from others? Adding an independent FEC commissioner would end the stalemates and make the FEC relevant again. These relatively minor changes would make all politicians accountable and likely make most political campaigns civil again. More important, it would make them more fair by requiring candidates to tell the truth and it would eliminate dark money from the process.

Who could be against that…other than liars and cheats, of course?

The Only Thing We Really Need To Know About School Shooters.

After the most recent school shooting, the media and law enforcement are, once again, attempting to find out what motivated the shooting. They’ve analyzed his social media posts. They’ve interviewed his friends, family members and teachers. They’ve speculated that he was suffering from mental illness. They’ve explored his relationships. Everyone wants to know why he brought a gun to school and opened fire. Such analysis may be helpful in preventing future killers. But it overlooks the only thing we really need to know.

Like all of the other school shooters, he had easy access to a gun.

This was not a hunting rifle or a shotgun. That would be bad enough in the hands of an unsupervised 14-year-old, but at least hunting firearms are difficult to hide. This was an easily-concealed 40-caliber semi-automatic handgun – a weapon that does not belong on our streets, in our schools, or in the hands of a troubled 14-year-old boy. His access to such a weapon begs many questions: What kind of parents allow a 14-year-old access to a semi-automatic handgun? Why would he need one? Did they think he needed it to defend himself in school; after football practice; at a school dance, on the mean streets of Tulalip? Did they think he was going to defend us from Ebola-infected ISIS terrorists who might be crossing our border with Canada? Did they not know? Did they not care?

Had the shooter not had such easy access to a concealable weapon, he might still be alive today along with the girl he murdered. And other children would not be in the hospital fighting for their lives.

His ready access to weapons is most certainly not unique. In most states, children of any age can legally purchase guns from gun shows and individuals even as they are prohibited from buying tobacco, alcohol, lottery tickets and most other items intended for adults. Want to buy a gun? No problem. The only questions are handgun or long gun? What caliber? How much ammunition? Would you like some extra clips with that? Greedy gun manufacturers represented and encouraged by the National Rifle Association are even marketing child-sized, but no less lethal, guns to kids. To make them more attractive to kids, they even offer such weapons in candy colors.

What normal human being thinks this is a good idea? For what social benefit? We’ve already seen what can happen when an Uzi is placed in the hands of a supervised child on a firing range. Have gun manufacturers ever considered the consequences of their actions? Of course, they have. But their judgment is blinded by visions of increased profits and higher share prices. Unfortunately, the more guns they sell, the more dangerous our streets and schools become. That generates more paranoia. And that, in turn, generates more sales.

In reality, the only way to stop school shootings and other mass shootings is to limit the sales of guns to keep them out of the hands of the mentally unstable; to keep them out of the hands of criminals; and to keep them out of the hands of children. And the only sensible way to do that is to follow Australia’s lead. Like Australia, we should immediately pass legislation calling for a nationwide buy-back of the most lethal types of guns, such as rapid-fire semi-automatic handguns and semi-automatic assault rifles. We should immediately institute mandatory background checks on all transactions involving guns and ammo. We should ban guns in cities and other public places as was the custom in the Old West. We should limit the sale of the most lethal types of ammunition, especially so-called “cop killer” bullets. And we should ban the sale of guns to anyone under the age of eighteen.

In 2010, more than 30,000 Americans died from gunfire…nearly 3,000 of them children. That year, another 73,505 Americans recovered from gunshot wounds… more than 7,000 of them children. Yet Americans seem willing to accept those statistics. Indeed, the only response to our endless murder and mayhem has been for even more Americans to arm themselves. By contrast, our nation seems paralyzed by the fact that a single person in the US has died from Ebola…ONE! Yet our media and politicians are disproportionately reacting to the threats. While they ignore more than 100,000 shootings in a single year, they are demanding immediate action for…wait for it…Ebola.

Fear-mongering conservatives have raised alarms that we could all die if we don’t react to Ebola fast. Yet the very same people are unconcerned about mass shootings. They cower from the NRA. Instead of limiting access to guns, they pass laws making it easier to buy and carry firearms. They tell us that the Second Amendment is more important than the lives of thousands. They tell us that the number of gun victims doesn’t matter. They talk about freedom and call anyone who disagrees with them unpatriotic.

Keep that in mind as you go to the polls on November 4th.

How Does The Koch Money Look In Your State?

In Arizona, it looks as vile and nasty as the people at the Koch refinery for whom I once worked. And I suspect it looks no different wherever you live.

If you watch the political ads as carefully as I do (I know, I know, that makes me sound like a masochist), you’ll see a disclaimer at the end of the ads showing who paid for them. In Arizona, the disclaimers on the nastiest attack ads tend to read: Paid for by 60 Plus…by American Encore…by Americans For Prosperity, etc. In addition, a large number of ads show they have been paid for by lobbying groups and ideological groups such as the National Realtors Association, the National Rifle Association and the US Chamber of Commerce.

These groups claim that their ad campaigns are not coordinated with the candidates (in fact, that would be illegal), but it is becoming increasingly difficult to tell them apart from the candidates’ own ads. The only real differences are that these ads tend to be nastier and they run a lot more often. Indeed, few of the Teapublican ads are actually paid for by the candidates or their committees.

In other words, the Supreme Court decisions that money equals free speech; that corporations have the same rights as people; that there are no limits on political contributions have done exactly what the five conservative justices wanted. Teapublicans no longer have to raise their own money. The corporations, lobbyists and billionaires give them all they need. Teapublican candidates no longer can be held accountable for vile attack ads. They can say, “I had nothing to do with it.” And if voters are so offended by the attack ads that they refuse to vote, Teapublicans benefit because only the most committed ideologues will vote, and they tend to vote Republican.

There are only two ways to fight this: 1 – Vote against Teapublicans. 2 – Keep electing Democratic presidents until conservatives are no longer the majority on the Supreme Court.

Further Evidence That Television News Is A Joke.

It was recently revealed that, before NBC News selected Chuck Todd to host Meet The Press, it tried to convince Jon Stewart to be the host. Yes, that Jon Stewart…the comedian. The same Jon Stewart who currently hosts The Daily Show.

That speaks volumes about the quality of television journalism today.

Stewart is one of the best interviewers on the planet…unafraid to ask tough questions; unwilling to settle for canned statements; determined to get at the truth. And Stewart isn’t the only example. Stephen Colbert and John Oliver are just as good. Unlike most TV “journalists” who have become lazy and partisan, these TV hosts are seeking the facts about government and politics in addition to laughs. After all, these things are often one in the same.

Like the legendary journalists of yesteryear…Edward R. Murrow, Walter Cronkite, Chet Huntley, David Brinkley…these are people who ask insightful questions; who demand real answers; who continue to press until the interview subject reveals something of consequence. Stewart, Colbert and Oliver are intelligent, informed and curious. They can use humor to draw information from their interview subjects. They are entertaining. More important, they are credible.

In other words, they represent everything that television journalism used to be and should be again.

The Supreme Court is, at least, partly responsible for the decline. Its decisions to equate free speech with money and corporations with people have unleashed a multi-billion dollar bonanza of political advertising for TV networks and broadcast stations. To make matters worse, most of the media are now owned by a few corporations. There are no longer impenetrable firewalls between programming, advertising and the newsrooms. For example, Fox “News” president, Roger Ailes, was a media consultant for Presidents Nixon, Reagan and Bush. To make certain that his Fox “News” hosts stay on message, he supplies them with a memo of GOP talking points at the beginning of each day.

In order to continue their financial windfall from political advertising, media owners are not inclined to rock the boat. They will not permit their news operations to report on the evils of dark money in politics or the buying of political favors for fear that they will lose their share of the money. And it’s not just television journalism that is failing.

A similar phenomenon has taken place in radio and print. More than 90 percent of the hosts of radio talk shows are right wing hacks who are peddling hate. Newspapers have long delivered a partisan slant to the news (often the newspapers’ leanings are indicated in their mastheads, i.e. The Republic, The Democrat, The Independent, etc.) and news magazines are struggling financially. As a result, some of the best investigative journalism today is being done by freelance reporters and what were formerly entertainment magazines…Rolling Stone, Mother Jones, Vanity Fair, etc.

It’s ironic that, in the so-called “Information Age,” we are facing a crisis of knowledge.

Why Democratic Candidates Keep Fighting An Uphill Battle.

The answer is Democratic leadership…or, more precisely, the lack of it. The only discernible strategies of the Democratic Party are to wait for minorities to become the majority and to send a constant barrage of fund-raising emails to registered Democrats in hopes of countering the massive amounts of money from corporations, PACs, Super PACs, and 501c4s aligned against them.

There has been no attempt to brand the Party (a new logo does not constitute a brand). No attempt to communicate the Party’s principles. No attempt to tout its accomplishments (Obamacare has been a great success, yet many Democrats are afraid to claim it). Instead, the Democratic Party’s entire emphasis seems to be focusing on the stupidity of Teapublican opponents (the candidates are extreme, but the Republican Party relies on sound marketing principles).

While there is abundant evidence of Teapublican failures, such as the Republican Party’s denigration of women, its simultaneous attack on abortion, contraception and education (contraception and education have long been proven to be the most effective means of preventing abortions), its attack on minorities and immigrants, its attack on safety net programs, and its penchant for war, pointing to these things is not, in of itself, a strategy.

A real strategy is to clearly and succinctly state what the Party believes. A real strategy is to have the courage to promote and stand up for those beliefs. A real strategy is to draw clear distinctions from your opponents in a positive way. A real strategy is to proudly run on your record, not from it. A real strategy is to educate voters about your candidates, not the opponents. A real strategy is to demonstrate that you serve the voters instead of the special interests.

On almost every count, the Democratic leadership fails.

That’s too bad, because the Democratic Party continues to field some great candidates. For the most part, those candidates deserve better.

Allison Lundgren Grimes’ Campaign A Perfect Example Of Party Incompetence.

I’m not referring to Grimes herself, to other Democratic candidates or to the rank and file Democratic volunteers. It’s the so-called strategists who demonstrate the most incompetence. They collect millions in fees while seldom venturing outside of Washington, DC. They create cookie-cutter ads for their candidates. They ignore the principles of their own party platform. They cower at the first attack from Republicans. And they are so cautious as to harm their own cause.

In the case of Grimes, she had a legitimate chance of being elected until the strategists got a hold of her. It’s obvious that they advised her (and other Democratic candidates) to avoid mentioning the president’s name. They told her to run away from “Obamacare,” even though the program was highly effective – especially in Kentucky. They told her to hedge her answers to any questions about the accomplishments of the Obama administration. They told her to avoid any sound bites that could be used against her by the opposition.

Ironically, she provided McConnell’s campaign exactly what they wanted by following the strategists’ advice and refusing to answer the question of whether or not she voted for Obama. Instead of her own statements, McConnell was gifted the pundits’ reactions to her reticence. Now, as a reward for following their advice, the Democratic strategists have pulled their advertising buys in Kentucky.

Without following the strategists’ advice; by proudly standing behind the Democratic accomplishment of providing tens of millions with access to affordable health care; by standing up for the president who led us out of an economic meltdown worse than the Great Depression; by speaking up for the people she hopes to represent she may easily have won.

Certainly, she should win. In a year when the attitude of the majority of voters toward Congress is to throw the bums out, she is running against the poster boy of Congressional obstruction. McConnell is the do-nothing leader of the most do-nothing Congress in history. If the Democratic leaders can’t come up with a strategy to defeat McConnell, they have no right to call themselves strategists.

Let that be a lesson to future Democratic candidates.

Liberals Are Missing The Point About The Affleck-Maher Debate.

On Real Time with Bill Maher, the two celebrities and author Sam Harris had a lively discussion about religion and, specifically, about Islam. It seemed that Harris and Maher intended to make the point that Islam is like other religions, except that a surprising percentage of its adherents in the Middle East have extremist views.

Setting aside US involvement in the radicalization of the children of Western Pakistan with textbooks intended to incite them against the Soviets, Harris and Maher have a legitimate point. Many Muslims in Saudi Arabia, Iraq, Kuwait, Yemen and elsewhere believe that apostates (anyone who chooses to leave Islam) should be killed.

Not even the most radical members of other religions believe that.

Yet, though Maher and Harris are atheists, they were not, as Ben Affleck and others seem to believe, condemning all Muslims. I believe that they were condemning the misguided views of some Muslims. Unfortunately, Affleck never gave them a chance to elaborate on their point. Instead, he lashed out at them as though they were unjustly prejudiced.

The fact is, they treat all religious zealots the same. Maher and Harris think that the followers of all faiths are blinded by superstition and mythology – just watch Maher’s Religulous if you doubt that. But the data shows that they have a point when it comes to Islam. It appears that a greater percentage of Muslims tend to support violence against non-believers than those who are followers of other faiths.

Certainly, Christians, Jews and other faiths have their share of violent nincompoops. But the data seems to show that there is a larger problem with Islam. That’s not Harris’s and Maher’s fault. The fault lies with those who support extreme and violent views, along with those who refuse to denounce such views. If Muslims want to end Islamaphobia, they must speak out against violence…all violence. Too few Islamic leaders have been willing to do so and, when they have, it has not been with a powerful voice.

To be clear, Islam is no worse or better than any other religion which teaches that its followers are inherently superior to non-believers; that it is the only true path to salvation. Indeed, there was a time when Christianity went through a phase similar to that which Islam is going through now. The Church once tortured and killed thousands of innocents for heresy. The difference is that it occurred in the Middle Ages.

Take That, Westboro Baptist Church!

This past Wednesday, a District Judge in Kansas cleared the way for same sex marriages. Yes, Kansas! The state that had become the buckle on the Bible Belt; the state that had become so infamously conservative that it had a book written about it entitled What’s The Matter With Kansas?

There couldn’t be a more satisfying victory for the GLBT movement. It’s delicious irony.

After all, Kansas is known for only four things: Wheat, Jayhawk Basketball, Koch Industries and the Westboro Baptist Church. If you don’t recognize that name, you’ll almost certainly recognize the “church’s” actions. It’s the congregation of bigots and knuckleheads who drive around the country to picket military funerals and other events with signs reading “God Hates Fags,” “Fags Can’t Marry,” and “Fags Die, God Laughs.”

This is a congregation so hateful, it’s a shame to call it a church. Christians should disavow any connection to its beliefs. The Baptists of the world should sue for misappropriating their religion’s name.

I am not gay, but if I was, I would want to be the first to request a wedding in the Westboro chapel. And, if the “church” refused, I’d hold it on the sidewalk in front of the building. I’d ask all of my guests to carry signs reading “God Hates Haters,” God Hates Bigots,” and “When Bigots Die, God Makes Rainbows.”

The Real Threat From Ebola.

Fox Noise Channel and other right wing media pundits have cranked up the scare-o-meter, and it has nothing to do with Halloween. In fact, it has more to do with the upcoming mid-term elections. They want us to believe that we’re all going to die from Ebola-carrying terrorists from ISIS, aka ISIL. And, of course, they’d like you to believe that it’s all Obama’s fault.

Never mind that the only things that ISIS and Ebola, thus far, have in common is that they both originated halfway around the world and that President Obama has ordered the US military to help combat them. Aside from that, they’re worlds apart. ISIS is in Syria and Iraq in the Middle East. Ebola is infecting Liberia and Sierra Leone in Africa.

Infectious disease experts continue to reassure us that Ebola is not easily communicable; that protective garb, alcohol, soap and access to health care can stop it in its tracks; that other viruses, such as some types of influenza pose a far greater threat. However, the experts have pointed out that other countries like Canada and the United Kingdom are far better-equipped to deal with the spread of Ebola. Why? Because they have universal health care.

Some say that, if Ebola was able to gain a foothold in the US, it’s likely that the approximately 40 million Americans who still lack affordable access to health care would ignore the early symptoms, afraid to spend the money to seek medical care. The same is true for another 20 million or so who have low-paying jobs and insurance with high deductibles and large co-payments and can’t afford to lose time at work.

And where do most of these people work?

In restaurants where they prepare and serve your food. In retail stores where they take your payments and dispense change and/or receipts. In schools where they are surrounded by children.

I trust the National Institute of Health (NIH) and the Center for Disease Control (CDC) when they say that they will stop Ebola in its tracks. But, in the unlikely event that they are wrong (and the scaremongers at Fox are right), we will have the best case yet for what the president and Democrats really wanted instead of Obamacare…nationalized health care.

You’ve Gotta Hand It To Conservatives.

Following the Civil Rights Act of 1964, the GOP employed the Southern Strategy which was designed to employ racism in order to gain votes from long-time southern Democrats. It worked. As a result of the strategy, Republicans were able to win the White House in 1968, 1972, 1980, 1984, and 1988.

It took Southerners to break the GOP hold in 1976 and in 1992.

But after the disastrous presidency of George W. Bush, the GOP lost Congress in 2006 and the White House in 2008. Seeing that demographics were aligning against them, conservatives employed an equally disturbing strategy. Sure, they continued to appeal to racists after Democrats elected the nation’s first black president. But they based their new strategy on six pillars:

1 – Government obstruction
2 – Corporate political donations
3 – Erasing limits on political donations
4 – Voter suppression
5 – “Model” legislation designed to implement right wing ideology at the state and local levels
6 – The use of conservative-dominated radio and cable TV to relentlessly attack Democrats

These strategies are now almost fully in place. Since 2009, Teapublicans in the Senate have blocked nearly 400 bills and dozens of appointments. The Teapublican-controlled House attempted to shut down the government. The conservative-dominated Supreme Court ignored decades of precedent to rule that money equals free speech; that corporations are people and therefore entitled to contribute to political campaigns; that the Voting Rights Act is no longer needed; and that individuals and corporations should be allowed to spend unlimited amounts on politics.

Concurrently, conservatives realized that it is easier to sneak bills through state legislatures than through Congress. So they began an all-out attack on groups that traditionally fund Democrats, such as labor unions. They have also pushed ideological legislation through ALEC (American Legislative Exchange Council) and similar groups that gave us such ideological bills as Arizona’s racist SB 1070 and legalized discrimination laws such as Arizona’s SB 1062.

As a result of these efforts, corporations now have more power and influence on government (at all levels) than ever before. There has been an avalanche of corporate money from the Koch brothers and others financing political advertising disguised as “issue” ads. There are virtually untraceable millions of in political spending to influence elections. And tens of thousands, if not millions, of minorities, the elderly and the poor will be denied their right to vote in this and future elections.

The tactics have even succeeded in pushing aside dozens of moderate Republican politicians. To make matters worse, Democrats seem to have no real strategy to combat these strategies. And, with few exceptions, Democratic candidates seem to think the best way to be elected is to run away from their party’s principles and pretend they’re Republicans.