Jonathan S. Tobin, 10.23.2012 –
Out on the campaign trail, members of the House and Senate are currently getting a belly full of free speech as they fight to keep their seats. But many of those who survive would like to do something to make their next elections a bit easier and cheaper. That’s the conceit of a New York Times story about the discomfort many incumbents are experiencing as their records are being examined and often publicized. Their reaction to all this democracy is characteristic of the political class and appears to cut across party lines: suppress as much of the criticism as possible.
The problem for these politicians is that the Supreme Court’s Citizen’s United decision unleashed the power of the public to promote political speech about elections. The fact that much of that speech is unhelpful to incumbents is a prime motivation for them to act in the next Congress to ensure that new obstacles are placed in the way of political action groups and contributors buying ads highlighting their alleged shortcomings. In this way, the Times, whose editorial agenda has been a relentless attack on free political speech, hopes that the largely defunct cause of supposed campaign finance reform will be revived. But the focus of the story on the new willingness of even some Republicans to go along with another round of “reform” reveals exactly why the court was right to invalidate large portions of the McCain-Feingold bill: the main beneficiary of the legislation isn’t free speech or the rights of the public but the protection of incumbents.