Tuesday, March 22, 2022

From Wikipedia: Dark Money

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In the politics of the United States, dark money refers to political spending by nonprofit organizations—for example, 501(c)(4) (social welfare) 501(c)(5) (unions) and 501(c)(6) (trade association) groups—that are not required to disclose their donors.[3][4] Such organizations can receive unlimited donations from corporations, individuals and unions. In this way, their donors can spend funds to influence elections, without voters knowing where the money came from. Dark money first entered politics with Buckley v. Valeo (1976) when the United States Supreme Court laid out Eight Magic Words that define the difference between electioneering and issue advocacy.

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Under the Buckley ruling, speakers that did not invoke any of the eight specific words and phrases of Buckley, or similar language expressly calling voters to vote for or against a candidate, were exempt from campaign finance laws.[1]The eight words and phrases appearing in Buckley were

"vote for,"
"elect,"
"support",
"cast your ballot for",
"Smith for Congress",
"vote against",
"defeat",
"reject",
or any variations thereof.[2][3]

That footnote was intended to provide examples of the types of things that would lead a reasonable person to conclude the speaker was advocating a particular candidate or ballot measure.[4]

The Court felt that limiting campaign finance laws to speech with such express advocacy was necessary to avoid a "chilling effect" on speech about political officeholders and issues that was protected under the First Amendment to the Constitution.

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Advocacy is an activity by an individual or group that aims to influence decisions within political, economic, and social institutions. Advocacy includes activities and publications to influence public policy, laws and budgets by using facts, their relationships, the media, and messaging to educate government officials and the public. Advocacy can include many activities that a person or organization undertakes including media campaigns, public speaking, commissioning and publishing research. Lobbying (often by lobby groups) is a form of advocacy where a direct approach is made to legislators on a specific issue or specific piece of legislation.[1] Research[whose?] has started to address how advocacy groups in the United States[2] and Canada[3] are using social media to facilitate civic engagement and collective action.

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The rise of dark money groups was aided by the U.S. Supreme Court decisions in FEC v. Wisconsin Right to Life, Inc. (2008) and Citizens United v. FEC (2010).[4] In Citizens United, the Court ruled (by a 5–4 vote) that corporations and unions could spend unlimited amounts of money to advocate for or against political candidates.[12]

In some elections, dark money groups have surpassed traditional political action committees (PAC) and "super PACs" (independent-expenditure-only committees) in the volume of spending.[4] In 2012, Freedom Partners had the ninth-highest revenues among all U.S. trade associations which filed tax returns that year, more than "established heavyweights" such as the American Petroleum Institute, PhRMA, and U.S. Chamber of Commerce.[4] Freedom Partners largely acted as a conduit for campaign spending; of the $238 million it spent in 2012, 99 percent went to other groups, and Freedom Partners itself did not have any employees.[4] This was a major distinction between other high-revenue trade associations, which typically have many employees and devote only about 6 percent of spending to grants to outside groups.[4] In 2014, Freedom Partners was identified as the "poster child" for the rise of dark money.[4] The largest and most complex network of dark money groups are funded by conservative billionaire business magnates Charles and David Koch;[13] the Koch brothers' network accounted for about a quarter of dark money spending in 2012.