Dark Money Rises: Federal and State Attempts to Rein in Undisclosed Campaign-Related Spending

By Eagan, Kristy | Fordham Urban Law Journal, December 2012 | Go to article overview

Dark Money Rises: Federal and State Attempts to Rein in Undisclosed Campaign-Related Spending


Eagan, Kristy, Fordham Urban Law Journal


Introduction  I. Background: Free Speech Rights and Compelled Disclosure       A. Free Speech Rights          1. The Origins of and Justifications for Free Speech             Rights          2. Common Challenges to Laws Regulating Election-Related             Speech       B. Compelling Disclosure          1. The Interests in Compelling Disclosure          2. The Interests in Avoiding Disclosure       C. The Evolution of the Federal Election Campaign Act:          From Buckley to Citizens United.   II. The Current State of the Federal Disclosure Requirements       A. The Current Federal Disclosure Requirements       B. The Inadequacies of the Federal Requirements          1. Various Ways of Avoiding Disclosure Under the          FECA          2. The Effect of Splits on Disclosure             a. Defining Express Advocacy             b. Defining an Electioneering Communication             c. Determining When an Organization Qualifies                as a PAC             d. The Ensuing Effects on Disclosure   III. State Attempts to Go Beyond the Federal Requirements       A. Determining What the Supreme Court Said          1. The Major Purpose Test          2. Express Advocacy and Its Functional Equivalent       B. Determining What Exactly Is Exacting Scrutiny          1. Expanding the Definition of Electioneering             Communications          2. PAC-Style Disclosure Requirements   IV. Where Do We Go From Here: Plugging Holes and      Increasing Disclosure       A. Congress's Role       B. The FEC's Role       C. The Courts' Role          1. The Heightened Specificity Standard Should Not             Apply to Disclosure Laws          2. Courts Should Be Deferential to State Attempts to             Discover the Extent of Outside Influence in their             Local Elections  Conclusion 

Introduction

Perhaps the most infamous of attack advertisements, titled "Peace, Little Girl," depicted a little girl in a field plucking petals from a daisy as she counted up from one to nine. (1) At the end of her count, a man's voice began counting down from ten. (2) Upon reaching zero, an atomic bomb exploded. (3) As the mushroom cloud appeared on the television screen, the voice of then-President Johnson stated: "These are the stakes--to make a world in which all of God's children can live, or go into the dark. We must either love each other, or we must die." (4) The ad was intended to attack statements that Barry Goldwater, the Republican presidential candidate, had made regarding nuclear warfare. (5) Although the ad aired only once, it is credited with ushering in a new era of American politics. (6) However, attack ads are nothing new--neither are anonymous ones.

In 1800, President John Adams faced reelection against Thomas Jefferson. (7) The Alien and Sedition Act prevented anyone from openly criticizing the President, so Jefferson sought other ways to get his message out. (8) Jefferson anonymously distributed campaign propaganda (9) and financially supported James Callender while encouraging him to publish a series of essays in the Richmond Examiner that attacked Adams, referring to him as a "hideous hermaphroditical character which has neither the force or firmness of a man, nor the gentleness and sensibility of a woman." (10) Adams fought back, calling Jefferson "a mean-spirited, low-lived fellow, the son of a half-breed Indian squaw, sired by a Virginia mulatto father." (11)

Today, negative campaign advertisements dominate the airwaves during election cycles. (12) Just as Americans have come to expect to see more holiday-themed advertisements in November and December, (13) they too have come to expect a flood of negative campaign ads in the months preceding elections. (14) In 2012, Americans witnessed the most expensive election campaign in history, topping off at approximately seven billion dollars. (15) Modern attack ads, produced by strategy teams including behavioral scientists, (16) are noticeably less overt, although no less persuasive, than they were in the nineteenth century. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Dark Money Rises: Federal and State Attempts to Rein in Undisclosed Campaign-Related Spending
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.