Free Daily Headlines :

  • COVID-19
  • Vaccine Info
  • Money
  • Politics
  • Education
  • Health
  • Justice
  • More
    • Environment
    • Economic Development
    • Gaming
    • Investigations
    • Social Services
    • TRANSPORTATION
  • Opinion
    • CT Viewpoints
    • CT Artpoints
DONATE
Reflecting Connecticut’s Reality.
    COVID-19
    Vaccine Info
    Money
    Politics
    Education
    Health
    Justice
    More
    Environment
    Economic Development
    Gaming
    Investigations
    Social Services
    TRANSPORTATION
    Opinion
    CT Viewpoints
    CT Artpoints

LET�S GET SOCIAL

Show your love for great stories and out standing journalism
CT VIEWPOINTS -- opinions from around Connecticut

Malloy Should Stand Up for Election Transparency

  • CT Viewpoints
  • by David Earley
  • June 19, 2012
  • View as "Clean Read" "Exit Clean Read"

Last week, Gov. Dan Malloy vetoed House Bill 5556, which would have brought needed transparency to Connecticut elections and made the Constitution State a national leader on campaign finance disclosure. At a time when outside groups are poised to swamp elections with historic levels of undisclosed political spending, it is unfortunate Malloy rejected this robust bill using erroneous constitutional claims.

One of these, in particular — the governor’s invocation of a 1958 Supreme Court decision entitled NAACP v. Alabama –– demands correction. The case recognized the NAACP’s right to shield its membership list from the state of Alabama at the height of the civil rights movement, when members faced widespread threats of physical violence and the state government itself worked to expel the NAACP from the state.

Malloy pointed to the NAACP case in rejecting a part of the law that would have required organizations to identify its top five donors in political advertisements. Simply put, the governor is wrong to suggest that this donor disclosure violates the tenets of the NAACP case, other Supreme Court case law, or the First Amendment. The context of the NAACP case could not be more different from the election environment in present day Connecticut.

The NAACP case was decided in a time of extraordinary racial violence and discrimination. Just two years before, the Montgomery bus boycott took place, and the first black student attempting to integrate the University of Alabama was chased into a classroom by a mob of 1,000 people chanting, “Let’s kill her, let’s kill her.” Snipers fired on integrated buses and bombings were commonplace. The state of Alabama sought access to the NAACP’s membership list with the express purpose of putting the organization out of business.

The Supreme Court recognized that if disclosure were applied to this dissident, historically unpopular group, it would cease, entirely, to engage in political speech. The price of disclosure would be the total exclusion of dissenting views from the robust marketplace of political speech the First Amendment is designed to protect. As a result, the Court held that requiring the disclosure of the NAACP’s membership list violated the First Amendment.

In 2010, the Supreme Court ruled 8-1 in Citizens United that disclosing who donates to organizations engaged in political spending is constitutional and furthers important democratic interests. As the Court explained, disclosure guards against improper relationships between government officials and political spenders, helping ensure the integrity of government and our democratic processes. Given Connecticut’s history of corruption in recent years, including the imprisonment of former Governor John Rowland, fighting corruption is plainly an interest of the highest order.

Moreover, as Citizens United explained, disclosure enhances public debate by informing the public about who is speaking before an election, making it easier for voters to make knowledgeable decisions about the messages they receive. The importance of an informed citizenry for democratic self-governance further explains why disclosure is constitutional.

Ignoring the Supreme Court’s wholehearted embrace of disclosure in Citizens United, Malloy and opponents of H.B. 5556 wrongly invoked NAACP v. Alabama to argue that the bill unconstitutionally restricts organizations’ First Amendment rights.

Conditions like those of the Civil Rights era are exceedingly rare today. The groups now resisting disclosure — like the U.S. Chamber of Commerce, which has vowed to spend $100 million on electioneering this year, or the defenders of “traditional marriage” behind Proposition 8 in California — are well within the political mainstream. The Supreme Court has applied the NAACP exception to dissident groups when anonymity is a necessary “shield from the tyranny of the majority.” The Court has made clear that exceptions to disclosure only apply when needed to “protect unpopular individuals from retaliation – and their ideas from suppression – at the hands of an intolerant society.” The argument that the views of the Chamber or traditional marriage backers would disappear entirely from our civic debates without exceptions to disclosure cannot be taken seriously.

To be sure, as the Supreme Court has repeatedly recognized, where there are demonstrated and credible threats of violence to an organization’s members, there should be exceptions to disclosure. Of course, any reasonable citizen would denounce these kinds of threats – they do not constitute any part of a legitimate public debate.

But the rare occasion on which dissident speakers may be subject to reprisal is not a valid reason to view all disclosure laws as unconstitutional. If some disagree with your political speech and voice their disagreement, this is natural. Part of engaging in public debate is receiving the other side’s response, which may include some awkward or uncomfortable discussions. These are not constitutional injuries; they are signs of a healthy and robust democracy. Even Justice Antonin Scalia has expressed dismay regarding anonymous political spending, saying that “requiring people to stand up in public for their political acts fosters civic courage, without which democracy is doomed.”

Robust disclosure is an important part of our democracy, particularly where organizations are spending millions of dollars to try to influence our votes. Without this disclosure, it is nearly impossible to vigilantly guard against corrupt arrangements or to properly evaluate the messages of political advertisements. The disclosure requirements of H.B. 5556 are constitutional and comply with the precedent set in Citizens United and NAACP. Malloy should not let this misunderstanding of the law stand in the way of transparent elections in Connecticut.

 


Sign up for CT Mirror's free daily news summary.

Free to Read. Not Free to Produce.

The Connecticut Mirror is a nonprofit newsroom. 90% of our revenue comes from people like you. If you value our reporting please consider making a donation. You'll enjoy reading CT Mirror even more knowing you helped make it happen.

YES, I'LL DONATE TODAY

ABOUT THE AUTHOR

SEE WHAT READERS SAID

RELATED STORIES
Redistricting in Connecticut 2021: It is worth your attention
by Patricia Rossi

This is the year for redistricting in the United States. Maps drawn in 2021 will define which voters can vote for which candidates for the next ten years.  That means ensuring that the 2021 maps are fair and representative of their communities is critically important.

Lembo: Legislators should let constituents share the success of their health plan.
by Comptroller Kevin Lembo

The health care crisis in Connecticut continues. Bills under consideration in Connecticut expand subsidies, attempt to lower prescription drug costs and address long-standing health care inequities. There is room to incorporate the best of each if it helps make health care in our state more affordable, equitable and accessible. But Senate Bill 842 is the only bill that provides short and long-term help for small businesses, nonprofits and certain labor unions.

Will the Comptroller open the state-run healthcare plan’s books?
by Wyatt Bosworth

What choices do you have when you cannot defend a policy issue on its merits? One path is that chosen by former New Britain Democratic Town Committee chair Bill Shortell in his April 14 Viewpoints opinion piece, “Debunking the CBIA’s takedown of the public option healthcare bill.” Instead of defending any perceived merits associated with the proposed expansion of state-run healthcare in Connecticut, Shortell attacks the messenger. In this case, two organizations that have raised legitimate —and unanswered— questions about that proposal.

Climate action now to insure Connecticut’s future
by Commissioners Andrew Mais and Katie Dykes

Connecticut has had nine weather-related federal disaster declarations in the past 11 years, totaling more than $362 million in damages. For Storms Irene, Sandy, and the 2011 October Nor’easter, insurers paid out more than $1 billion to cover insured damages in Connecticut. The climate crisis is upon us. The science is clear. We must act now.

College students in Connecticut should be vaccinated now
by Dayna Vadala

If the state of Connecticut wants its institutions of higher learning to return to normal in the fall, it’s going to have to get shots into the arms of the students.

Support Our Work

Show your love for great stories and outstanding journalism.

$
Select One
  • Monthly
  • Yearly
  • Once
Artpoint painter
CT ViewpointsCT Artpoints
Opinion Redistricting in Connecticut 2021: It is worth your attention
by Patricia Rossi

This is the year for redistricting in the United States. Maps drawn in 2021 will define which voters can vote for which candidates for the next ten years.  That means ensuring that the 2021 maps are fair and representative of their communities is critically important.

Opinion Lembo: Legislators should let constituents share the success of their health plan.
by Comptroller Kevin Lembo

The health care crisis in Connecticut continues. Bills under consideration in Connecticut expand subsidies, attempt to lower prescription drug costs and address long-standing health care inequities. There is room to incorporate the best of each if it helps make health care in our state more affordable, equitable and accessible. But Senate Bill 842 is the only bill that provides short and long-term help for small businesses, nonprofits and certain labor unions.

Opinion Will the Comptroller open the state-run healthcare plan’s books?
by Wyatt Bosworth

What choices do you have when you cannot defend a policy issue on its merits? One path is that chosen by former New Britain Democratic Town Committee chair Bill Shortell in his April 14 Viewpoints opinion piece, “Debunking the CBIA’s takedown of the public option healthcare bill.” Instead of defending any perceived merits associated with the proposed expansion of state-run healthcare in Connecticut, Shortell attacks the messenger. In this case, two organizations that have raised legitimate —and unanswered— questions about that proposal.

Opinion Climate action now to insure Connecticut’s future
by Commissioners Andrew Mais and Katie Dykes

Connecticut has had nine weather-related federal disaster declarations in the past 11 years, totaling more than $362 million in damages. For Storms Irene, Sandy, and the 2011 October Nor’easter, insurers paid out more than $1 billion to cover insured damages in Connecticut. The climate crisis is upon us. The science is clear. We must act now.

Artwork Grand guidance
by Anne:Gogh

In a world of systemic oppression aimed towards those of darker skintones – representation matters. We are more than our equity elusive environments, more than numbers in a prison and much more than victims of societal dispositions. This piece depicts a melanated young man draped in a cape ascending high above multiple forms of oppression. […]

Artwork Shea
by Anthony Valentine

Shea is a story about race and social inequalities that plague America. It is a narrative that prompts the question, “Do you know what it’s like to wake up in new skin?”

Artwork The Declaration of Human Rights
by Andres Chaparro

Through my artwork I strive to create an example of ideas that reflect my desire to raise social consciousness, and cultural awareness. Jazz music is the catalyst to all my work, and plays a major influence in each piece of work.”

Artwork ‘A thing of beauty. Destroy it forever’
by Richard DiCarlo | Derby

During times like these it’s often fun to revisit something familiar and approach things with a different slant. I have been taking some Pop culture and Art masterpieces and applying the vintage 1960’s and 70’s classic figures (Fisher Price, little people) to the make an amusing pieces. Here is my homage to Fisher -Price, Yellow […]

Twitter Feed
A Twitter List by CTMirror

Engage

  • Reflections Tickets & Sponsorships
  • Events
  • Donate
  • Newsletter Sign-Up
  • Submit to Viewpoints
  • Submit to ArtPoints
  • Economic Indicator Dashboard
  • Speaking Engagements
  • Commenting Guidelines
  • Legal Notices
  • Contact Us

About

  • About CT Mirror
  • Announcements
  • Board
  • Staff
  • Sponsors and Funders
  • Donors
  • Friends of CT Mirror
  • History
  • Financial
  • Policies
  • Strategic Plan

Opportunity

  • Advertising and Sponsorship
  • Speaking Engagements
  • Use of Photography
  • Work for Us

Go Deeper

  • Steady Habits Podcast
  • Economic Indicator Dashboard
  • Five Things

The Connecticut News Project, Inc. 1049 Asylum Avenue, Hartford, CT 06105. Phone: 860-218-6380

© Copyright 2021, The Connecticut News Project. All Rights Reserved. Website by Web Publisher PRO