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The Hidden Truth about the DISCLOSE Act

By Craig L. Parshall, Sr. Vice President and General Counsel

This week President Obama voiced his urgent call for Congress to pass the Democracy is Strengthened by Casting Light on Spending in Elections (DISCLOSE) Act  (H.R. 5175/S. 3628). The bill, which passed in the House and is still at the one-yard line in the Senate (see below), is a reaction to the Supreme Court’s rejection of the most recent “campaign reform” law passed by Congress.

The High Court recently ruled in the Citizens United case that Congress’ last attempt to address that subject infringed on the First Amendment rights of corporations (most of them small to medium sized ones) to voice opinions during elections. While several Supreme Court justices sat in front of him, President Obama harshly criticized that Supreme Court decision during his State of the Union address last January. Now comes the DISCLOSE Act, which has broken down along party lines. Democrats say the bill is necessary to avoid the corrupting influence of big money on federal elections. Republicans say that the bill is politically timed to intimidate grassroots citizen groups from participating (and voicing their discontent) in the all-important upcoming midterm elections, which some believe could reverse the fortunes of the Democrat-controlled Congress. NRB’s President & CEO Dr. Frank Wright has written to the Senate, voicing NRB’s strong objections to the DISCLOSE Act.

And there is plenty to be concerned about:

  • Considering the way that the DISCLOSE Act performs a First-Amendment strip-search of the privacy rights of average Americans, it may as well be called the DISROBE Act. The force of federal law will dictate that every American who gives a mere $600 (that is a mere $50 per month) to an organization that makes certain communications during a federal election cycle will have their highly personal information made public on the website of that organization, including their name, home address, and the name of their employer. Will non-profit advocacy groups be regulated under this Act? All it takes for any group to come under the auspices of the draconian legislation is for that organization to make one public statement during an election year, where it contains one single reference (no matter how obscure or indirect) to any politician who is up for election. And that “reference” need not even relate to the election, nor must it endorse or disapprove of the candidate in order to trigger the DISCLOSE Act. It is incomprehensible how forcing public disclosure of the personal information of modest donors would have any bearing on the integrity of our federal elections. Even worse, average Americans would be easy targets for those who harbor resentment against the groups they support, especially when mean-spirited zealots decide to use that personal information for hostile purposes.

Read further within NRB today...

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Washington Whispers

New Information Surfaces About Elena Kagan
Robert K. Powers, Vice President of Government Relations

July 16, 2010

Congress is pushing to wrap up some “must pass” items in the next two weeks. Those include the confirmation of Solicitor General Elena Kagan as a Supreme Court Justice, and Senate passage of the DISCLOSE Act. While Senate leaders are still discussing how to move the DISCLOSE legislation forward, as expected, Kagan’s nomination was passed by the Senate Judiciary Committee on Tuesday and is being readied for a Floor vote. Amazingly, Sen. Lindsey Graham (R-SC), who at one time was considered a staunch conservative, voted for Kagan’s confirmation in committee and cited the Constitution as the reason for his vote. For Sen. Graham to say that he had a constitutional obligation to vote for Ms. Kagan is in itself extremely troubling. Even more troubling is the fact that he seemed to ignore her extreme political views, including her perspective on free speech and the sanctity of human life. NRB has been focusing on her perspective regarding First Amendment issues. Sanctity of life issues have been discussed in detail by Chairmaine Yoest, Ph.D., President & CEO of Americans United for Life (AUL). Their startling report will be of interest to many NRB members.

Read further within Washington Next Week

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    THE NRB PRESIDENT'S BLOG

A Crude Metaphor

As I write this we are three months into the great environmental and economic disaster in the Gulf Coast resulting from the fire, explosion, and sinking of the Deepwater Horizon drilling rig.  We can only hope and pray that the latest efforts by BP to cap the well are successful.

 I confess that during this unfolding disaster, my mind has occasionally wandered from the event itself to a striking parallel suggested by it. Throughout the crisis, I have from time to time pondered the gushing oil well as a metaphor for our out-of-control government spending.  The parallels seem to me quite remarkable.

For example, the oil leaking into the Gulf clearly damages our own national resources, economy, and the lives of our people.  Yet some scientists predict that the Gulfstream might carry the damaging effects of the spill to Europe at some point.

In the same way, while our profligate government spending and the explosive growth in our national debt will eventually cripple our own economy and affect the lives of ordinary citizens, we live in an integrated global economy and the rest of the world will eventually share the pain of our fiscal irresponsibility.

Read further within Defining Vectors...

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FCC, Broadband Providers Hold More Broadband Talks

Christian Talk Radio Expands Across St. Joseph, Atchison, and Northern Kansas City

Boucher-Stearns bill to give FCC power to move on incentive spectrum auctions

Latest Spectrum Bill Prohibits Involuntary Taking

FCC Proposes Sticking With Outdoor Antenna Standard For Distant Signals

BTC Senses Renewed Interest in Radio

Wisconsin Broadcasters Clinic Sets Lineup

Handling NAS Sprawl

Sky Angel Faith & Family Television Service Nominated for 2010 ICM Award

Hodes Offers Resolution Opposing Net Sales Tax Bill

Pastor in Russian Republic of Dagestan Killed

Dingell urges FCC to drop push for re-regulation

Reply Comments In FCC Ownership Review Aim At 'Subcaps'

Annie Moses Band: Faith, Family and Music airing on the NRB Network Friday July 30th at 5:00am ET

Genachowski On Broadband: Mission Not Accomplished

White House proposal would ease FBI access to records of Internet activity

Currency will still carry motto

Democrats Push to Change Senate Filibuster Rules

More News....

Latest News From NRB

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July 15, 2010

Court Fails America’s Families
July 14, 2010

New Full and Associate Members Welcomed Into NRB
June 30, 2010

NRB Files Reply Comments with FCC: Retain “Must Carry” in Retransmission Reevaluation
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NRB’s Craig Parshall to Washington D.C. Panel: Federal Government Should Not Control American Media
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NRB on Kagan:  Don’t Forget First Freedoms
May 10, 2010

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April 29, 2010

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