We therefore propose the following legislation be fast-tracked and brought promptly to the floor of both houses of Congress for a roll call vote without amendment. And further that this be done without regard for whether or not passage is believed to be possible. At a minimum, it calls the opposition’s bluff and makes a clear public record of exactly who the opposition is.
Preamble:
Whereas, corporate and commercial interests have come to dominate campaign contributions on which candidates and incumbents are virtually dependent to conduct successful campaigns.
Whereas, these contributions have come to heavily influence if not determine the directions of our governments in favor of large corporations.
Whereas, this “corporate” speech has come to dominate the ownership of the media and the information provided to the public via centralized mass communication.
Whereas, these forces combine to bias public opinion and thus the outcome of elections and the decisions of our governmental representatives in support of their own private commercial interests and at the expense of the public interest;
Whereas, these commercial interests were unforeseeable by the framers of the Constitution in 1878 and are now at least equally a threat to our democratic society as that of unrestrained government;
Whereas, these forces have undermined the democratic intent of free speech to allow individual citizens the meaningful right to address public issues and to directly influence their governmental representatives
Therefore, the following definitions shall apply to the interpretation of the 1st Amendment to the Constitution of the United States of America and shall replace, supplant and nullify all previous laws, regulations, and court opinions on every level of government which may be seen to be in conflict with this legislation:
Section I: Free Speech and Bribes Issues
Preventing Big Money Interests from substantially controlling the election process is the "front door" by which they exert this influence. The "back door" is bribery. Both must be eliminated to return control of our government on all levels to the citizen voters.
2. Free speech is defined as “free” in a literal monetary sense – totally free of individual, corporate or other organization’s ability to purchase or otherwise have commercial control over the content or delivery of that free speech.
3. Free speech shall under no circumstances be seen as protecting any right of candidates, incumbents, individuals or corporations to willfully deceive, lie, distort, exaggerate, or the like in order to affect the outcome of any public issue or election.
5. No corporation, organization or commercial interest may make any campaign contributions or give any form of perquisite to any governmental office holder, representative, or employee of any level of government or to any candidate for election.
6. They are prohibited from exerting pressure of any kind on their employees to make contributions.
7. Individuals may make personal contributions limited to $200.00 for any candidate for election to any office as further defined and regulated elsewhere.
8. Anything of material value offered or given by any organization or individual to any candidate, incumbent or governmental employee shall be defined as a “bribe,” and shall be prima fascia evidence of the crime of bribery. It is the offering, giving or receiving itself that is illegal. That is, it is not necessary to prove that an inducement was intended to bias the outcome of a public decision.
9. Likewise, public officials may not accept any perquisite or reward of any kind other than the salary and benefits which are part of their governmental position. [1]
10. Holders of public office may not receive compensation for giving speeches, attending political events, or any such functions other than as defined under public financing for elections making the same capabilities available to all candidates.
Section II: Free Campaign Internet Website
Once the corrupting influence of Big Money is eliminated, new ways of conducting campaigns must be provided which allow all candidates and issue supporters and opponents to communicate to the public at large on equal footing. In the electronic age we live in, the logical primary source is an elections website. To replace the previous methods of funding the electoral process herein eliminated, Congress shall pass such laws which will provide free and equal access by candidates and regarding ballot issues via the relevant media.
1. This shall include establishing a free Internet website for all candidates for elective offices and ballot issues which shall include all the necessary and appropriate programming to allow
Section III
All other media conveying public information shall be required by the FCC as part of their license to provide all candidates and ballot issues free, fair and equal access to present their arguments side-by-side with their opponents. Infraction of this clause shall lead to the required corporate dissolution of the offending party.
1. Candidate and issues debates shall be established and governed by legislation guaranteeing
2. All paid campaign advertisements shall be illegal.[?]
3. All Federal elections shall be publicly funded. State and local elections shall be encouraged to have public funding in order to participate in the free elections website. [i.e. I am not sure that Congress can require them to do so.]
Reasonalbe rules need to be established to control personal use of campaign funds.
4. Personal expenditures shall be limited to 3 star hotels and meals and drinks reimbursed at no more than no more than $20.00 each.[?]
5. [Rules for transportation expenses need to be defined in a way to allow equal access to their voting district. Incumbents will be allowed additional transportation from Washington to their districts, but not within their districts.]
Contact us: wedonthavefreespeech@outlook.com
- Such actions by any candidate shall result in their immediate disqualification as candidate or impeachment of any incumbent.
- Such actions by others shall be subject to fines and/or incarceration in proportion to the issue or campaign they are attempting to interfere with.
- Specifically, this law shall prohibit any organization to materially control information in ways which could bias public opinion in relationship to candidates, issues in any election, policies, the formulation of laws or regulations, the awarding of contracts or any other considerations.
- Material control shall mean that no single interest or collusion of interests may own or otherwise control more than 30% of any media market considering all major means of public communication extant in that market.
- The “fairness” doctrine requiring fair and balanced presentation and “equal time” doctrine shall apply to all forms of communication by media in the public domain of all issues of public concern,
- As timing is of the essence in elections, the prompt and rigorous enforcement by the Federal Elections Commission, the Federal Communications Commission, like regulatory agencies and the courts is required before election day if at all possible.
- Conscious and blatant infractions of this clause with the intent to deceive the public in any matter of public concern shall result in penalties up to and including the forced dissolution of that corporation and an automatic 10 years imprisonment for those persons directly and consciously involved.
5. No corporation, organization or commercial interest may make any campaign contributions or give any form of perquisite to any governmental office holder, representative, or employee of any level of government or to any candidate for election.
6. They are prohibited from exerting pressure of any kind on their employees to make contributions.
7. Individuals may make personal contributions limited to $200.00 for any candidate for election to any office as further defined and regulated elsewhere.
8. Anything of material value offered or given by any organization or individual to any candidate, incumbent or governmental employee shall be defined as a “bribe,” and shall be prima fascia evidence of the crime of bribery. It is the offering, giving or receiving itself that is illegal. That is, it is not necessary to prove that an inducement was intended to bias the outcome of a public decision.
- The offering of bribes – whether accepted or not – shall be a crime with a mandatory sentence of not less than 10 years imprisonment, and a fine equal to the maximum monetary benefit which may have been received by the person or corporation making the offer.
- It shall also include a prohibition of that corporation from ever again receiving any business or contract from any level of government.
9. Likewise, public officials may not accept any perquisite or reward of any kind other than the salary and benefits which are part of their governmental position. [1]
- The acceptance of any such bribes shall be a crime resulting in immediate disqualification of a candidate for office or impeachment of any incumbent, plus an automatic sentence of not less than 10 years imprisonment.
- Evidence of acceptance of a bribe shall automatically require the immediate initiation of impeachment proceedings in the House of Representatives with a required roll call vote within 10 days of evidence of a bribe.
- An affirmative impeachment vote in the House will be forwarded immediately to the Senate which will then be required to complete the trial with a roll call vote within 10 days.
- In both cases, proof of accepting the inducement is prima facia of the crime and the penalties are automatic and mandatory,... no exceptions.
10. Holders of public office may not receive compensation for giving speeches, attending political events, or any such functions other than as defined under public financing for elections making the same capabilities available to all candidates.
- The only other exception shall be a maximum $200.00 individual campaign contributions made by registered voters [in the relevant voting district?] as part of the process of qualifying as a candidate for election.
- At the end of the election process, any remaining funds shall be transferred to a general campaign funds account and held in trust for future public funding of elections.
- Under no circumstances may a candidate or incumbent personally benefit from campaign contributions beyond paying reasonable campaign expenses.
Section II: Free Campaign Internet Website
Once the corrupting influence of Big Money is eliminated, new ways of conducting campaigns must be provided which allow all candidates and issue supporters and opponents to communicate to the public at large on equal footing. In the electronic age we live in, the logical primary source is an elections website. To replace the previous methods of funding the electoral process herein eliminated, Congress shall pass such laws which will provide free and equal access by candidates and regarding ballot issues via the relevant media.
1. This shall include establishing a free Internet website for all candidates for elective offices and ballot issues which shall include all the necessary and appropriate programming to allow
- the conduct of a political campaign – contact lists including the names and addresses of all registered voters in their voting district and their party affiliation, email blasts, the searchable and orderly presentation of their personal biographies, campaign planks, polling, petitioning, becoming ballot qualified, receiving and accounting any minimum campaign contributions required for ballot qualification, action alerts, allows comments and questions at the end of an individual topic covered, blog capabilities, etc… normally used in the conduct of electoral and public issue campaigns. This shall be organized by zip code allowing the public to immediately find all the information for and against any candidate or ballot issue relevant to their voting district.
- This shall be considered the primary source of campaign information. All candidates shall be required to use this website and this site only in the conduct of their campaign.
- Only the candidate may determine the content of their own site and is fully responsible for its truthfulness and accuracy of that content. If any of the content is shown to be false or seriously deceptive, the information must be immediately edited accordingly or totally removed.
- This Internet service shall be available free of charge to those qualified and their staff including the periodic opportunity to receive training in the operation of that site.
- The accounting of all moneys received as public funding or campaign contributions shall be directly deposited in an attached campaign account provided with and included in this website. No money may be used in connection with the campaign that has not passed through this account. All income and expenses must be logged and documented within [48?] hours including source information and copies of receipts identifying [all transactional information.How to best cover this without creating a record keeping nightmare.] The records of this account will show on the candidate's or issue's website in real time.
Section III
All other media conveying public information shall be required by the FCC as part of their license to provide all candidates and ballot issues free, fair and equal access to present their arguments side-by-side with their opponents. Infraction of this clause shall lead to the required corporate dissolution of the offending party.
1. Candidate and issues debates shall be established and governed by legislation guaranteeing
- Participation by all candidates qualified to be on the ballot
- A structure which allows them to express their views equally and uninterrupted by others and /or to engage each other in an actual debate.
- Moderators must be entirely fair and impartial and agreed on by all candidates.
- All such forums for state and federal offices shall be broadcast free of charge on all relevant public media.
2. All paid campaign advertisements shall be illegal.[?]
3. All Federal elections shall be publicly funded. State and local elections shall be encouraged to have public funding in order to participate in the free elections website. [i.e. I am not sure that Congress can require them to do so.]
Reasonalbe rules need to be established to control personal use of campaign funds.
4. Personal expenditures shall be limited to 3 star hotels and meals and drinks reimbursed at no more than no more than $20.00 each.[?]
5. [Rules for transportation expenses need to be defined in a way to allow equal access to their voting district. Incumbents will be allowed additional transportation from Washington to their districts, but not within their districts.]
Contact us: wedonthavefreespeech@outlook.com
p.s. If
you want to read or share our complete introductory series and other blog posts
about this and other issues, see our Annotated Table of Contents below. Or if you have questions or comments,
email us.
Annotated Table of Contents
http://petitions.moveon.org/sign/sign-the-pledge-big-out?source=c.em&r_by=14960502
Insist candidates vote for a single act of Congress
stating: “There is no relationship between speech and money stated or implied
in the US Constitution and therefore no such relationship exists” as the basis
of further reforms to limit the abuses of Big Money interests.
Best summary of the proposed “Recover our Democracy Act;”
its Constitutional basis; removing purported legal objections, public financing
of elections, limits on campaign contributions, public funding of federal
elections, preprogrammed campaign website, redefining a bribe and much more
Cut and paste text to share by electronic media to spread
the word on our plan
Our appointment being ignored while lobbyists immediately enter
our Congressman’s office
Being on the outside: Explaining the meaning of our logo…the
corrupting influence of Big Money
Political contributions, Citizens United Supreme Court
Decision, “We don’t
have free speech. We can’t afford it,” our
solution is an act of Congress,
“Backdoor money in politics, quid pro quo, “anything of material value
offered or given to, or received and accepted by any candidate, incumbent or
governmental employee under any circumstance shall be defined as a bribe,” penalties defined for candidates and government
employees.
Our early commentaries: Free speech is fundamental to
democracy, different views, uses and limitations of free speech, public
financing of elections, fair and balanced media coverage
Original free speech: freedom to speak our mind, power
to “buy” both the “content” and the “delivery” of “free” speech, "personhood" of corporations,
Supreme Court and Citizens United,
ownership of the media, points of view, political advertising, educational content,
bought speech,…
Trickle down economics, tax reductions, income disparity,
deregulation, power by changing belief systems, abuses, distortions and lies, is
it regulation or just bad regulation?, affording governmental programs and high
taxes, millennia of struggle by the rich to retain control vs. democracy,
85% of Democrats, 81% of Independents, and 76% of Republicans opposed
Citizens United
Humans speaking their mind
without fear, means of extending the reach of speech [meida], bought speech,
literally “free” speech decoupled from money, power of the media, corporate personhood,
limitations of free speech, campaigns and political speech, alternative communications
for elections: public financing, freedom of the Internet….
Figures on campaign
contributions given by largest lobbying corporations [6+ years old = pre Supepr
PACs]
One of our earliest posts:We don't have free speech
that has meaningful access to our own representatives. Our logo, our slogan, our chants, young adults, spreading
the word on the Internet, Obama’s election, making videos,
Largely unedited, free associated ideas on framing the legislation
Free public website designed
and formatted to conduct campaigns for office and public issues , FEC provided
bank account, and credit cards , campaign accounting system and
regulations, partial design specifications, real time public review access…
…the most logical
public space to allow the free flow of information on issues of public interest
“understanding the
power of corporations as a means of amassing power and money, the founding
fathers originally rejected the existence of corporations,” corporations
are not mentioned in the Constitution and have no protected rights; therefore,
Congress may limit or abolish corporations as deemed necessary for the public
good. Growth of corporate power, personhood of corporations and personal rights
attributed to corporations , theory of 14th amendment [due process]
applies to corporations,
Reviewed and updated 2-11-16 RSG
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