Which circumstance(s) constitute a contribution to support a campaign?

Rickeroo · Dec 14, 2018

For the purposes of this poll, assume that the biased reporting occurs in an election year and contribution is defined as "anything of value given to influence a federal election":

https://www.fec.gov/help-candidates-and-committees/candidate-taking-receipts/types-contributions/

Cardinal · Dec 14, 2018

Rickeroo said:
For the purposes of this poll, assume that the biased reporting occurs in an election year and contribution is defined as "anything of value given to influence a federal election":

https://www.fec.gov/help-candidates-and-committees/candidate-taking

"Page not found

Sorry, we couldn't find the page you're looking for."

I'm not a legal expert, but I'm not sure you can consider that a campaign contribution.

Rickeroo · Dec 14, 2018

Cardinal said:
"Page not found

Sorry, we couldn't find the page you're looking for."

I'm not a legal expert, but I'm not sure you can consider that a campaign contribution.

That's odd - the link was working a few minutes ago.

Rickeroo · Dec 14, 2018

Link fixed, my apologies:

https://www.fec.gov/help-candidates-and-committees/candidate-taking-receipts/types-contributions/

ttwtt78640 · Dec 14, 2018

The link does not work. I doubt that publishing biased news, news analysis or an opinion piece, even with a clear political bias, is considered to be a campaign contribution.

EDIT: After viewing your corrected link, this appears to be the closest to applying to publishing a "biased communication" yet requires coordination with the campaign:

Coordinated communications

When a committee, group or individual pays for a communication that is coordinated with a campaign or a candidate, the communication is either an in-kind contribution or, in some limited cases, a coordinated party expenditure by a party committee.

Absent any clear evidence of such coordination publishing such would appear to be completely outside the scope of FEC jurisdiction. Wasn't that the basis for the Citizens United SCOTUS decision - that the movie, although clearly about a political candidate, was not connected to any particular political campaign?

Cardinal · Dec 14, 2018

Rickeroo said:
For the purposes of this poll, assume that the biased reporting occurs in an election year and contribution is defined as "anything of value given to influence a federal election":

https://www.fec.gov/help-candidates-and-committees/candidate-taking-receipts/types-contributions/

Anyway, to answer the question, if the campaign or the candidate paid for such reporting to help the candidate, I assume that would be a "campaign contribution." It would then be incumbent on the campaign/candidate to report that contribution, or else they would be breaking the law.

Redress · Dec 14, 2018

Rickeroo said:
For the purposes of this poll, assume that the biased reporting occurs in an election year and contribution is defined as "anything of value given to influence a federal election":

https://www.fec.gov/help-candidates-and-committees/candidate-taking-receipts/types-contributions/

Editorials and op/eds have long been allowed and not counted as campaign contributions. Defining biased reporting in a concrete enough manner to make laws around is a near impossibility.

Beaudreaux · Dec 14, 2018

Link worked fine for me.

Great thread topic.

It comes down to, IMHO, a bifurcation of political support by biased reporting which obviously meets the definition the FEC gives versus the press being protected by the First Amendment.

Short answer, I don’t know. It is a great topic to discuss and one I’ve thought about at length numerous times over the years.

Mycroft · Dec 14, 2018

Rickeroo said:
For the purposes of this poll, assume that the biased reporting occurs in an election year and contribution is defined as "anything of value given to influence a federal election":

https://www.fec.gov/help-candidates-and-committees/candidate-taking-receipts/types-contributions/

Based on my personal opinion, I would select the option you didn't provide: All biased reporting is a campaign contribution.

Based on the link you provided, it's hard to say. The only part of the rules that might apply is this:

Coordinated communications

When a committee, group or individual pays for a communication that is coordinated with a campaign or a candidate, the communication is either an in-kind contribution or, in some limited cases, a coordinated party expenditure by a party committee.

Proving such coordinated communications might be hard to do, though.

biglawnmower · Dec 14, 2018

Rickeroo said:
For the purposes of this poll, assume that the biased reporting occurs in an election year and contribution is defined as "anything of value given to influence a federal election":

https://www.fec.gov/help-candidates-and-committees/candidate-taking-receipts/types-contributions/

hard to answer specifically. the clinton foundation illegally accepted millions from foreign donors in enemy nations. hard to draw the legal line in the sand.

chuckiechan · Dec 15, 2018

ttwtt78640 said:
The link does not work. I doubt that publishing biased news, news analysis or an opinion piece, even with a clear political bias, is considered to be a campaign contribution.

EDIT: After viewing your corrected link, this appears to be the closest to applying to publishing a "biased communication" yet requires coordination with the campaign:

Absent any clear evidence of such coordination publishing such would appear to be completely outside the scope of FEC jurisdiction. Wasn't that the basis for the Citizens United SCOTUS decision - that the movie, although clearly about a political candidate, was not connected to any particular political campaign?

The press is presumed to be reporting honestly and in the public good. But there is no way to enforce it other than for certain people to sue them libel. But the left wing news is holding on by it's fingernails and is now mostly owned by conglomerates and billionaires.

Today's problem is it is so one sided it is worthless to anyone who can fact check.

What if...? · Dec 15, 2018

ttwtt78640 said:
The link does not work. I doubt that publishing biased news, news analysis or an opinion piece, even with a clear political bias, is considered to be a campaign contribution.

EDIT: After viewing your corrected link, this appears to be the closest to applying to publishing a "biased communication" yet requires coordination with the campaign:

Absent any clear evidence of such coordination publishing such would appear to be completely outside the scope of FEC jurisdiction. Wasn't that the basis for the Citizens United SCOTUS decision - that the movie, although clearly about a political candidate, was not connected to any particular political campaign?

It was actually about when such a movie could he shown. They wanted to do it closer to Tue election than allowed

How much could be spent wasn't part of either sides arguments.

It was a gift from the supremes.

ttwtt78640 · Dec 15, 2018

What if...? said:
It was actually about when such a movie could he shown. They wanted to do it closer to Tue election than allowed

How much could be spent wasn't part of either sides arguments.

It was a gift from the supremes.

That is, at best, partly true. The dates for spending political/campaign related spending did not change - it's definition did.

Skeptic Bob · Dec 15, 2018

It would be too problematic to treat news reporting that way. During the primaries and general election Trump received more free press than anyone else by HUGE margins. But I blame that more on the candidates’ failure to be more compelling.

NeverTrump · Dec 15, 2018

Rickeroo said:
For the purposes of this poll, assume that the biased reporting occurs in an election year and contribution is defined as "anything of value given to influence a federal election":

https://www.fec.gov/help-candidates-and-committees/candidate-taking-receipts/types-contributions/

Squashing stories for $$$ in order to help candidate is definitely illegal though. Which is what AMI did for Trump, not exactly sure why that scenario isn't on your list. :mrgreen:

Xelor · Dec 15, 2018

Rickeroo said:
For the purposes of this poll, assume that the biased reporting occurs in an election year and contribution is defined as "anything of value given to influence a federal election":

https://www.fec.gov/help-candidates-and-committees/candidate-taking-receipts/types-contributions/

Reporting doesn't count, as goes the FEC's definition of a contribution: "A contribution is anything of value given, loaned or advanced to influence a federal election." The FEC specifically expounds on that definition as it applies to in-kind contributions:

"Goods or services offered free or at less than the usual charge result in an in-kind contribution. Similarly, when a person pays for services on the committee’s behalf, the payment is an in-kind contribution. An expenditure made by any person in cooperation, consultation or concert with, or at the request or suggestion of, a candidate’s campaign is also considered an in-kind contribution to the candidate."

Given the above information:

If a news and/or information outlet, at the behest of a candidate, publishes "stories" -- reporting, features, analysis and/or editorials -- those stories will, by the FEC, be deemed in-kind contributions.
- Once so deemed, the FEC will expect to see the value of the "story" reported among the campaign's contributions received.
  - Depending on the reasonableness of the valuation assigned, the FEC will, if the valuation is unreasonable, take exception and take the appropriate punitive action.
  - Review the following to get a sense of how reasonableness works in valuation estimation:
In other words, if a candidate collaboratively solicits or suggests to a publisher (or information outlet owner who may not be the publisher) to run favorable stories on him-/herself and unfavorable one's ones about his/her opponent(s), s/he must report the stories as campaign contributions, and, in turn, develop a reasonable valuation method for those stories.

Xelor · Dec 15, 2018

Cardinal said:
"Page not found

Sorry, we couldn't find the page you're looking for."

I'm not a legal expert, but I'm not sure you can consider that a campaign contribution.

See post 16. Whether such is or isn't a contribution depends on the sequence of events and behaviors that gave rise to the stories' conception.

Xelor · Dec 15, 2018

ttwtt78640 said:
The link does not work. I doubt that publishing biased news, news analysis or an opinion piece, even with a clear political bias, is considered to be a campaign contribution.

EDIT: After viewing your corrected link, this appears to be the closest to applying to publishing a "biased communication" yet requires coordination with the campaign:

Absent any clear evidence of such coordination publishing such would appear to be completely outside the scope of FEC jurisdiction. Wasn't that the basis for the Citizens United SCOTUS decision - that the movie, although clearly about a political candidate, was not connected to any particular political campaign?

Red:
Basically, yes.

That said, evidence need not be of the "smoking gun" sort to be "clear." Soundly analyzed information that isn't "smoking gun" in nature but that can be aggregated into a sound or cogent case in support of the conclusion "such coordination existed" also is clear evidence. It's merely that it takes multiple pieces of information, rather than just one (the "smoking gun") to arrive that the conclusion.

"Smoking gun" evidence is great if one can get it, but it's not often that one can. When one hasn't "smoking gun" evidence, one must bring keen analytical skills to bare to determine what is/was existential/extant.

Rickeroo · Dec 16, 2018

Xelor said:
Reporting doesn't count, as goes the FEC's definition of a contribution: "A contribution is anything of value given, loaned or advanced to influence a federal election." The FEC specifically expounds on that definition as it applies to in-kind contributions:
"Goods or services offered free or at less than the usual charge result in an in-kind contribution. Similarly, when a person pays for services on the committee’s behalf, the payment is an in-kind contribution. An expenditure made by any person in cooperation, consultation or concert with, or at the request or suggestion of, a candidate’s campaign is also considered an in-kind contribution to the candidate."

Given the above information:

If a news and/or information outlet, at the behest of a candidate, publishes "stories" -- reporting, features, analysis and/or editorials -- those stories will, by the FEC, be deemed in-kind contributions.

Once so deemed, the FEC will expect to see the value of the "story" reported among the campaign's contributions received.

Depending on the reasonableness of the valuation assigned, the FEC will, if the valuation is unreasonable, take exception and take the appropriate punitive action.

Review the following to get a sense of how reasonableness works in valuation estimation:

Auditing Accounting Estimates, Including FairValue Accounting Estimates, and RelatedDisclosures

Auditing Accounting Estimates

How to audit fair value measurements

Estimation and Application of Ranges ofReasonable Estimates

Estimating the Value of Information

Measuring Media Impact

In other words, if a candidate collaboratively solicits or suggests to a publisher (or information outlet owner who may not be the publisher) to run favorable stories on him-/herself and unfavorable one's ones about his/her opponent(s), s/he must report the stories as campaign contributions, and, in turn, develop a reasonable valuation method for those stories.

I'm not sure biased reporting wouldn't count. The purpose of biased reporting (propaganda) is to support parties, and in election years, to support specific campaigns. Per the definition of a campaign contribution: "A gift, subscription, loan, advance or deposit of money or anything of value given to influence a federal election". Biased reporting is certainly 'anything of value' to certain candidates, and is definitely aimed at influencing elections. Solicitation for that value doesn't appear to be a requirement, at least as defined.

Which circumstance(s) constitute a contribution to support a campaign?