The Therapy Sessions
Thursday, November 03, 2005
Only the beginning
Some of my worst nightmares about McCain-Feingold are coming true:
To squeeze more money from voters, Washington's legislature passed a 9.5-cent-per-gallon gas tax increase. To their annoyance, Washington law permits another lawmaking process: Citizens can petition to put an initiative on the ballot, which the public can then vote to pass. Some citizens, thinking they were already paying plenty, organized a movement to repeal the tax increase. Two local radio hosts, Kirby Wilbur and John Carlson, spent lots of time on the air explaining why they think the gas tax is a bad idea.
In response to this challenge to their authority, a group of politicians turned to campaign-finance laws to silence Wilbur and Carlson. The theory is this: Radio airtime is valuable. So if a radio host expresses strong political views, that's a contribution, just as if a caterer were providing free food to the campaign's volunteers. Washington law limits contributions in the final three weeks of a political campaign to $5,000, so Wilbur and Carlson must shut up. Or at least the anti-tax group must count the minutes they talked about it on the air, assign some price to that and report that under campaign finance limits. Or something -- Mike Vaska, the lawyer acting as prosecutor, has suggested that if Wilbur and Carlson distanced themselves enough from the other people on their side, they'd be allowed to speak freely on the radio. Ironically, Vaska just happens to be a member of a big private law firm that stands to make big money off a higher gas tax -- maybe millions in legal fees -- $25,000 per bond backed by the tax. For some reason, Washington legislators seem to think that's OK. No one's telling him to shut up.
The political class protects its own.
This is why we need Alito and Roberts on the court.