"The Cost of Free Speech" - Commentary by Tony Seton

The Cost of Free Speech

Almost thirty years ago, a liberal Supreme Court ruled that money in politics was protected by free speech. Corrupting the very notion of what is free speech, they dangerously undermined our democratic process. As a result of that decision, political investment in candidates became the norm. Despite mild efforts to put restrictions on who could give how much to whom, loopholes were discovered or created and exploited and out political system was up for sale.

The Congress went first. Both parties targeted districts where they could win by getting favorable lobbyists to pour money into those races. Once they had their own people in office, they made challenges virtually cost-prohibitive. Incumbents today now win more than 96% of their contests.

In order to unseat an incumbent, huge sums are needed to overcome their inherent power, to coddle local influencers and to boost name recognition. For people with that kind of money, that’s usually all they have. Otherwise, hacks who have been climbing the party ladder get a shot but little financial backing. Both types wage remarkably inept campaigns, so that only when an incumbent resigns is he likely to be replaced.

Then the money moved down the political food chain into the state legislative races. Parties reshaped state districts to secure their own re-elections, dividing up territory to benefit incumbents on both sides of the aisle, all but eliminating competitive races. However, where there is a challenge, the money invested is awesome.

Here in California, one state Senate race will see spending in excess of $10 million, while an Assembly contest will exceed $6 million. Also, we’ve got billionaires funding campaigns for and against their pet propositions. In all too many cases, the money simply generates noise that drowns out moral suasion.

And that’s SetonnoteS...I’m Tony Seton.