Friday, September 21, 2018



Political nonprofits must now name many of their donors under federal court ruling after Supreme Court declines to intervene

This will hit fundraising for conservatives as Leftists sometimes attack conservative donors.  Even as eminent a man as  Brendan Eich lost his job over a donation to a conservative cause

Advocacy groups pouring money into independent campaigns to impact this fall’s midterm races must disclose many of their political donors beginning this week after the Supreme Court on Tuesday declined to intervene in a long-running case.

The high court did not grant an emergency request to stay a ruling by a federal judge in Washington who had thrown out a decades-old Federal Election Commission regulation allowing nonprofit groups to keep their donors secret unless they had earmarked their money for certain purposes.

With less than 50 days before this fall’s congressional elections, the ruling has far-reaching consequences that could curtail the ability of major political players to raise money and force the disclosure of some of the country’s wealthiest donors.

In an interview, FEC Chairwoman Caroline Hunter said that the names of certain contributors who give money to nonprofit groups to use in political campaigns beginning Wednesday will have to be publicly reported.

Hunter and other conservatives warned the decision could have a chilling effect just as the midterms are heating up.

“It’s unfortunate that citizens and groups who wish to advocate for their candidate will now have to deal with a lot of uncertainty less than two months before the election,” said Hunter, a Republican appointee.

Advocates for stricter regulation of money in politics celebrated the move.

“This is a great day for transparency and democracy,” Noah Bookbinder, executive director of Citizens for Responsibility and Ethics in Washington (CREW), which brought the case, said in a statement, adding: “We’re about to know a lot more about who is funding our elections.”

The ruling last month by Chief U.S. District Judge Beryl A. Howell will be challenged on appeal. But in the immediate, the decision forces major groups on the left and the right to scramble and reassess how they plan to finance their fall campaigns.

Nonprofit advocacy groups — which do not have to publicly disclose their donors, as political committees do — will now have to begin reporting the names of contributors who give more than $200 per year toward their independent political campaigns, campaign finance lawyers said.

“Moving forward, these groups will need to disclose to the public any donor that gave money for the purpose of influencing a federal election, regardless of whether they want to sponsor a particular race or specific communication,” said Matthew Sanderson, a Republican campaign finance attorney. “Some groups will not need to adjust their approach to raising funds, but this will be a significant change for others.”

The change could affect heavyweight groups across the political spectrum, including the Koch-backed Americans for Prosperity on the right and the League of Conservation Voters on the left.

The case began nearly six years ago when CREW filed a complaint to the FEC, arguing that it should require Crossroads GPS, a major conservative nonprofit, to disclose the names of donors behind a $6 million effort it ran in 2012 against Sen. Sherrod Brown (D-Ohio).

The FEC deadlocked on whether to open an investigation into Crossroads and then dismissed the complaint in 2015. The following year, CREW sued the agency.

In her ruling last month, Howell sided with CREW. In her 113-page opinion, Howell wrote that the FEC’s regulation “blatantly undercuts the congressional goal of fully disclosing the sources of money flowing into federal political campaigns, and thereby suppresses the benefits intended to accrue from disclosure.”

She delayed the disclosure requirement for 45 days to give the agency time to adopt a new rule.

Crossroads GPS unsuccessfully sought to stay the ruling, pending its appeal.

On Tuesday, Chris Pack, spokesman for Crossroads GPS, said in a statement: “While we are disappointed the Supreme Court did not take this opportunity to ensure regulatory clarity for nonpolitical organizations that lawfully engage in election activity, we are confident we can navigate through the current morass and comply with the law, as we always have.”

The FEC must now create a new rule for the nonprofits, but it is unlikely to be in place before the midterms. New regulations must be considered by Congress for 30 legislative days before they go into effect — meaning the FEC would have needed to finish drafting a new rule before the court issued its opinion, for it to go into effect by Sept. 17, the court’s deadline.

Ellen Weintraub, the Democratic vice chairwoman of the FEC, said there is “great interest” among the commissioners to provide guidance ahead of the midterm elections, but said it was too early to specify what that would entail.

Tuesday’s development set off a frenzy among nonprofit groups as they tried to make sense of what the ruling would mean for fundraising and spending activity for the 2018 election.

David Keating, president of the Institute for Free Speech, which opposes campaign finance restrictions, predicted many nonprofit groups will turn to super PACs as a solution.

“They may just take the money they have allocated for this and then decide to just give contributions to super PACs that are going to be active in the races and on the issue that they agree on,” Keating said.

Earlier this month, in the wake of Howell’s ruling, the Koch network launched a new super PAC to serve as a sister organization to Americans for Prosperity.

Conservatives said the decision to throw out the FEC rule raises First Amendment concerns about donor privacy.

“If speakers can’t rely on regulations as written, that chills speech. Additionally, it’s unfair to change rules about political speech in the middle of a campaign, and many organizations have already run [independent expenditure ads] during the current campaign,” according to the Institute for Free Speech.

But Jessica Levinson, an election law professor at Loyola Law School in Los Angeles, said the Supreme Court’s order is a “huge win for the public.”

The now-thrown out rule “was a huge gaping hole in our system and it allowed for so much undisclosed money to be pumped through our electoral system. Disclosure is really all there is left,” Levinson said.

SOURCE






'Believe Women' Is Perilous Baloney

Michelle Malkin
    
I have a message for virtue-signaling men who’ve rushed to embrace #MeToo operatives hurling uncorroborated sexual assault allegations into the chaotic court of public opinion.

Stuff it.

Your blanket “Believe Women” bloviations are moral and intellectual abominations that insult every human being of sound mind and soul.

A certain class of never Trump-harumphers are leading the charge on behalf of Supreme Court nominee Brett Kavanaugh’s memory-addled partisan accuser Christine Blasey Ford — who cannot recall the year she was allegedly traumatized, where it happened, who threw the party that paralyzed her for nearly four decades, how many were in attendance during her claimed assault, how she got there or how she left.

No matter! Bush campaign hack-turned-ABC News analyst Matthew Dowd doesn’t need any data to analyze. “Enough with the ‘he said, she said’” storyline,“ he declared this week. "If this is he said, she said, then let’s believe the she in these scenarios. She has nothing to gain, and everything to lose. For 250 years we have believed the he in these scenarios. Enough is enough.”

Clinton/Kerry flack Peter Daou echoed the unthinking sentiment: “To everyone on the right who says I’m being selective, I BELIEVE WOMEN whether the accused is a Republican or Democrat. And yes, that includes all the names you’re throwing at me. My default in these situations is to BELIEVE WOMEN.”

Ivy League poobah Simon Hedlin asserted: “Accusers go public not because of any supposed benefits but despite the immense costs.” He argued: “When somebody is credibly accused of sexual misconduct, the default should be to believe the accuser.”

That is a dumb and dangerous default. The costly toll of “believing women,” instead of believing evidence, can be seen in the hundreds and hundreds of cases recorded by the University of Michigan Law School’s National Registry of Exonerations involving innocent men falsely accused of rape and rape/murders.

One of those men whose plight I’ve reported on for CRTV and my syndicated column, former Fort Worth police officer Brian Franklin, spent 21 years in prison of a life sentence after he was convicted of sexually assaulting a 13-year-old girl in 1995 who had committed perjury on the stand. Franklin vigilantly maintained his innocence, studied law in the prison library and won a reversal of his conviction in 2016. The jury took less than two hours to acquit him. But his name is still not clear. He recently submitted a 200-page application for a pardon for innocence and cannot do what he wants to do — return to law enforcement — unless the members of the Texas board of pardons and paroles (along with Texas constitutional conservatives who pay lip service to truth, justice and due process) do the right thing.

In Philadelphia, Anthony Wright also served more than two decades behind bars like Franklin. He was convicted in 1993 for a brutal rape and murder of an elderly woman. It was a female prosecutor, Bridget Kirn, who “failed to alert the Court or the jury to what she personally knew was the falsity of (police detectives’) testimony, or otherwise honor her ethical duty to correct it,” according to Wright’s lawyers with the Innocence Project. They have filed a lawsuit directly aimed at the prosecutor this week to hold her accountable for her criminal falsehoods.

And just this week, Oregonian Joshua Horner, serving a 50-year sentence for sexual abuse of a young girl, was exonerated after a dog that the accuser had claimed he shot dead was found alive. There had been no DNA, no corroborating witnesses and no other forensic evidence — just the word of girl whose contradictions and memory problems were explained away as “post-traumatic stress” while an innocent man nearly drowned.

The idea that all women and girls must be telling the truth at all times about sexual assault allegations because they “have nothing to gain” is perilously detached from reality. Retired NYPD special victim squad detective John Savino, forensic scientist and criminal profiler of the Forensic Criminology Institute Brent Turvey, and forensic psychologist Aurelio Coronado Mares detail the myriad “prosocial” and “antisocial” lies people tell in their textbook, “False Allegations: Investigative and Forensic Issues in Fraudulent Reports of Crime.”

“Prosocial deceptions” involve specific motives beneficial to both the deceiver and the deceived, including the incentives to “preserve the dignity of others,” to gain “financial benefit” for another; to protect a relationship; “ego-boosting or image protection (of others);” and “protecting others from harm or consequence.

"Antisocial” lies involve selfish motives to “further a personal agenda at some cost to others,” including “self-deception and rationalization to protect or boost self-esteem;” “enhance status or perception in the eyes of others;” “garner sympathy;” “avoid social stigma;” “conceal inadequacy, error, and culpability;” “avoid consequence;” and for “personal and/or material gain.”

Let me repeat the themes of my work in this area for the past two years to counter the “Believe Women” baloney:

The role of the press should be verification, not validation.

Rape is a devastating crime. So is lying about it.

It’s not victim blaming to get to the bottom of the truth. It’s liar-shaming.

Don’t believe a gender. Believe evidence.

SOURCE







California Poised to Pass Bill Cracking Down on ‘False Information’

California is one step away from going down the unconstitutional road of government-mandated censorship of Internet speech. The California Senate and State Assembly recently passed S.B. 1424, the “Internet: social media: advisory group” act. This fake news advisory act is now on the desk of Governor Jerry Brown for his signature.

According to Section 3085 of the legislation:

The Attorney General shall, subject to the limitations of subdivision (d), establish an advisory group consisting of at least one member of the Department of Justice, Internet-based social media providers, civil liberties advocates, and First Amendment scholars, to do both of the following:

(a) Study the problem of the spread of false information through Internet-based social media platforms.

(b) Draft a model strategic plan for Internet-based social media platforms to use to mitigate the spread of false information through their platforms.

It’s hard to imagine those voting for the bill were motivated by good intentions. In any case, good intentions are not enough. Is it hard to imagine the results of the law will be censorship of views that politicians disagree with and views critical of politicians?

Most likely, Californians are not concerned about “fact-checking” content like “a mile is 5290 feet” or an appeal to form a flat Earth Facebook group; such content poses no threat to entrenched interests. Instead, “fact-checking” will be deployed against those who express doubt, for example, about climate change, vaccine safety, or “educating” children about gender dysphoria.

In a world where most scientific studies can’t be replicated, a consensus should not be confused with an immutable fact.

If you doubt that censorship is the aim of the bill, consider the even more draconian measures that an earlier version of the bill required. Social media sites would have needed to develop “a plan to mitigate the spread of false information through news stories, the utilization of fact-checkers to verify news stories, providing outreach to social media users, and placing a warning on a news story containing false information.” 

The First Amendment makes no provisions for government judging the validity of speech either directly or through mandated “fact-checking.” In legitimate cases of defamation, legal remedies are available, but the bar for a successful lawsuit is high.

Concern Over Fake News is Old News

Concern over “fake news” is not new. Elbridge Gerry, who became the fifth vice president of the United States, despaired at the Constitutional Convention about the impact of “false reports”:

"The people do not want virtue, but are the dupes of pretended patriots. In Massachusetts it had been fully confirmed by experience, that they are daily misled into the most baneful measures and opinions, by the false reports circulated by designing men, and which no one on the spot can refute."

There have always been “false reports,” but Thomas Jefferson believed in the wisdom of the public to discern the difference:

"It is so difficult to draw a clear line of separation between the abuse and the wholesome use of the press, that as yet we have found it better to trust the public judgment, rather than the magistrate, with the discrimination between truth and falsehood. And hitherto the public judgment has performed that office with wonderful correctness."

What Jefferson observed in his time is no less true today. It is impossible to “fact-check” the limitless amount of Internet speech. It is no more possible to “fact-check” than it is to centrally plan; in either case, the power of reason is not able to deal with the unforeseeable complexity one would encounter. Knowledge, by its nature, is vast and decentralized.

In Conjectures and Refutations, philosopher Karl Popper observed: “There are no ultimate sources of knowledge. Every source, every suggestion, is welcome; and every source, every suggestion, is open to critical examination.”

In contrast, California’s politicians seem to believe only some ideas are welcome—if those ideas have been “fact-checked” by the heavy hand of government-sponsored boards. 

Why Authoritarians Always Suppress Speech

In his new discussion paper, “The Mirage of Democratic Socialism,” economist Kristian Niemietz of the Institute of Economic Affairs counts “more than two dozen attempts (not counting the very short-lived ones) to build a socialist society.”

“They all,” Niemietz writes, “led to varying degrees of economic failure.” With that economic failure always came “varying degrees of repression and political authoritarianism," as well as severe limitations on “freedom of choice and personal autonomy in the economic sphere.”

Authoritarians, including so-called “democratic socialists,” must always suppress speech. Why? Human beings have boundless preferences and competing goals. These preferences and goals are sorted out by either socialist planners or impersonal market processes. 

As central planning fails, a scapegoat must be found. If only the people were united and working towards the same goals, our plans would succeed, reason the planners. Thus, observes Niemietz, all socialist regimes seek to enforce compliance with their plans:

One of the most persistent features of socialism is the paranoia about imaginary saboteurs, wreckers, hoarders, speculators, traitors, spies and stooges of hostile foreign powers. These phantoms are always accused of ‘undermining’ the economy (although it never quite becomes clear how exactly they do that), which would otherwise work just fine. More generally, the oppressive character of socialist societies was generally linked to the economic requirements of a centrally planned economy. Socialist states did not oppress people for the sake of it. They did so in ways that enforced compliance with the aims of the social planners.

In a future dystopian “democratic socialist” California, the search for “false information” could be weaponized against those arguing for free markets. After Google provides a censored search engine in China, they can no doubt use their new expertise in California to keep up with the latest laws.

SOURCE






What your suburb says about you - and your children's chance of having a successful future: Maps show the divide between Australia's rich and poor

This is as it must be.  There are of course exceptions but most people will choose to live in as good a suburb as they can afford. So suburbs will be reasonably homogeneous in the incomes of their inhabitants -- with the poorest living in the least attractive suburbs.  And economically unsuccessful parents will tend to have economically unsuccessful children. It's not the suburb that makes your poor.  Its the poor who have to choose less attractive suburbs

Australia ranks at number 12 of the most expensive countries to live – but new data has revealed the shocking divide between the country's rich and poor suburbs.

Experts have released a report examining the most advantaged and disadvantaged areas across the nation - and how the suburb where you grow up can significantly impact on your success in later life.

The Children's Geographies report by Senior Research Fellow at the UNSW Jennifer Skattebol and Flinders Associate Professor Gerry Redmond has found that poverty across generations is a major issue in Australia, according to News.com.au.

'A significant number of young Australians who grow up in poverty find it difficult to engage with formal education; they leave school early or cannot navigate from education to the world of work,' the report states. Because the poor tend to have lower IQs

The authors said their research found that children from poorer suburbs have less access to recreational, sporting, and academic facilities, and experience social exclusion across neighbourhood facilities and social networks.

They claim that youths from affluent suburbs are less likely to participate in activities they perceive would be attended by disadvantaged children and, conversely, disadvantaged youths avoided using facilities in affluent suburbs, concerned they would be worse-off if a conflict arose.

A research program titled Dropping Off the Edge identifies advantaged and disadvantaged areas across the country.

In New South Wales, the areas in the north and west of the state were generally more disadvantaged, while regions along the coast and near the southern border fared much better.

Disadvantaged areas included Inverell in the north, and Bourke, Wilcannia, and Broken Hill in the far west.  The more affluent areas were around Sydney, Canberra, and Albury.

In Sydney itself, the north shore and eastern suburbs fared well, but suburbs in western Sydney including Blacktown, Cabramatta and Liverpool are considered disadvantaged.

In Victoria, around Melbourne and parts of the northeast and southwest of the state fared well, but Lakes Entrance in the east, and Red Cliffs in the far north were identified as disadvantaged.

In Melbourne city, areas around Hurstbridge in the north and Flinders in the south were considered affluent

In Melbourne, areas around Hurstbridge in the north and Flinders in the south were considered affluent, while areas around Yarra Junction, Cranbourne, and Sunshine were considered poorer.

In southeast Queensland, areas around Noosa, Moreton Bay, Brisbane, and the Gold Coast were the most advantaged.

Areas to the west such as Beaudesert, Ipswich, and Esk were classified as disadvantaged. The Sunshine Coast fared well, with Maroochydore one of the most advantaged areas.

SOURCE 

*************************

Political correctness is most pervasive in universities and colleges but I rarely report the  incidents concerned here as I have a separate blog for educational matters.

American "liberals" often deny being Leftists and say that they are very different from the Communist rulers of  other countries.  The only real difference, however, is how much power they have.  In America, their power is limited by democracy.  To see what they WOULD be like with more power, look at where they ARE already  very powerful: in America's educational system -- particularly in the universities and colleges.  They show there the same respect for free-speech and political diversity that Stalin did:  None.  So look to the colleges to see  what the whole country would be like if "liberals" had their way.  It would be a dictatorship.

For more postings from me, see TONGUE-TIED, GREENIE WATCH,   EDUCATION WATCH INTERNATIONAL, AUSTRALIAN POLITICS and  DISSECTING LEFTISM.   My Home Pages are here or   here or   here.  Email me (John Ray) here.  Email me (John Ray) here

***************************





No comments: