Letter in the Philadelphia Daily News, Tue, Oct. 19, 2004
More problems than just 527s
By Maxim Lott
IT WAS AN attempt to keep money out of politics by doing away with the unlimited "soft money" donations. But the McCain-Feingold campaign finance reform failed in this objective. Can it be fixed and made effective? Should it be?
The biggest "loophole" comes in the form of "independent" groups known as 527s, which are responsible for many attack ads. They also fund questionable voter-registration campaigns. Many counties around the nation now report having more registered voters than people who are eligible.
Since the passage of McCain-Feingold, 527s have become the most convenient way for rich donors to support political causes. George Soros, who has given millions to moveon.org and other anti-Bush 527s, is the most notable example.
Should we simply restrict 527s? President Bush recently joined with John McCain and others in a lawsuit to regulate the groups. But let us first envision some of the other loopholes that might become evident if 527s were eliminated.
Media outlets are unaffected by the regulations. They can report news with a slant and favor one candidate over another, just as they always could. Meanwhile, McCain-Feingold has banned independent groups from running ads about a candidate 60 days before an election. Yet what prevents these disenfranchised groups from getting their own media outlet? The NRA plans to do just that, since they cannot otherwise be heard during the 60 days running up to an election.
If we restrict 527s, should we attempt to fix this "loophole" as well? Is it possible? There is no way (without revamping the First Amendment) for the government to distinguish between "legitimate" and "political advertisement" media outlets.
When Hillary Clinton came out with her book, "Living History," for example, her publisher spent millions promoting the book - essentially aiding Clinton's future political career.
Instead of trying to patch up a law of questionable constitutionality, we should realize it's just not worth keeping.
Maxim Lott, Swarthmore
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