The Interest Group Connection: Electioneering, Lobbying, and Policymaking in Washington

By Paul S. Herrnson; Ronald G. Shaiko et al. | Go to book overview

porate auspices, will the true relevance of the First Amendment decline? After all, the Constitution applies to government censorship and/or restriction, not to similar controls imposed by private concerns. The right not to speak has been invoked as critical to media corporations, which naturally want to exercise editorial control over information disseminated under their banner, and to their corporate sponsors who do not wish to be associated with particular viewpoints or modes of expression. One can easily see how this might conflict with the public's right to receive information. The November 1995 editorial decision by CBS to nix a 60 Minutes interview with former tobacco company executive Jeffrey Wigand and local affiliates' election to ax antismoking ads provide an important case in point. The interview finally did air on 60 Minutes on Sunday, 4 February 1996--but only after the Wall Street Journal had provided CBS with legal cover by publishing transcripts of Wigand's trial testimony in their newspaper.


Notes
1.
For example, Houck ( 1984, 1448) reports that, as of 1982, "American corporations write off an estimated $3.7 billion annually in this fashion".
2.
The elevation of commercial speech did require reversal of existing doctrine. However, it was a consumer advocacy group, not a corporation or trade association, that won the reversal (Virginia State Bd. of Pharmacy 1976).
3.
Organizational incentives, such as promoting a positive public image and self-perpetuation, loom large for such groups. Epstein's ( 1985) discussion of the actions by the conservative public interest law organizations, like the National Legal Foundation and its seven regional affiliates, illustrates this phenomenon. Mass-membership groups, which are becoming increasingly dependent on external sources of funding, must also be attentive to the wishes of significant patrons when designing their political strategies. Gelb and Palley ( 1982, 48-50), for example, found that women's groups undertook projects and activities in order to maintain or acquire foundation support. Also see O'Connor ( 1980, 118- 19).
4.
Justice Thurgood Marshall, writing for the Court in Procunier ( 1974, 497).
5.
While the varying use of terms such as dignity, self-realization, and autonomy apparently makes more than semantical difference to some authors (see especially Redish 1982), for the purposes of this brief exposition we treat them as synonymous.
6.
That Brandenburg represents the ultimate in individual protection against government encroachment is, of course, arguable.
7.
But see CBS v. Democratic National Committee ( 1973), where the Court upheld a broadcaster's right to refuse access to an advertiser.
8.
This was a right that had already been clearly established for the print media in Miami Herald Publishing Co. v. Tornillo ( 1974).

-316-

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The Interest Group Connection: Electioneering, Lobbying, and Policymaking in Washington
Table of contents

Table of contents

  • Title Page i
  • Contents iii
  • Preface vii
  • Comments on the Electoral Connection 80
  • Part III the Congressional Connection 87
  • 6 the Dynamics of Lobbying the Hill 89
  • 7 Grassroots Organizations and Equilibrium Cycles in Group Mobilization and Access 100
  • 10 Interest Groups and the Congressional Budget Process: Lobbying in the Era of Deficit Politics 154
  • Acknowledgments 173
  • Notes 173
  • 11 Tobacco Industry Pacs and the Nation's Health: A Second Opinion 174
  • Comments on the Congressional Connection 196
  • Part IV the Executive Connection 203
  • 12 Lobbying the President and the Bureaucracy 205
  • Notes 213
  • Notes 223
  • 14 Lobbying for the President: Influencing Congress from the White House 224
  • Notes 238
  • Notes 256
  • Comments on the Executive Connection 258
  • Part V the Judicial Connection 265
  • Acknowledgments 287
  • Notes 287
  • 17 Please God, Save This Honorable Court: the Emergence of the Conservative Religious Bar 289
  • Acknowledgment 300
  • Notes 300
  • Notes 302
  • Notes 316
  • Comments on the Judicial Connection 318
  • Part VI Conclusion 325
  • 19 Interest Groups at the Dawn of a New Millennium 327
  • References 337
  • Index 361
  • About the Contributors 374
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