Part of our core mission? Exposing the Left's blatant hypocrisy. Help us continue the fight and support the 2024 Year-End Campaign now.

December 1, 2017

The New York Times Does a Super PAC Imitation

It was a crazy week, so you might have missed the news that The New York Times decided to operate like a super PAC.

It was a crazy week, so you might have missed the news that The New York Times decided to operate like a super PAC.

Here’s what happened. The Times’ editorial board changed the bio on the opinion section’s Twitter account to inform the public that it was “temporarily taking over” the feed to lobby against the Senate GOP tax bill. The board then proceeded to tweet out the phone numbers of various Republican senators and implored the public to deluge their offices with phone calls “to urge the Senate to reject a tax bill that hurts the middle class & the nation’s fiscal health.”

There was a lot of dudgeon and consternation about this among the ever-shrinking group of Americans who care about subtle distinctions in journalism. No one could remember another time when a major news outlet, particularly one as self-regarding as The New York Times, chose to nakedly politick in a way typical of MoveOn.org or the NRA.

Just to be clear: I think the Times stunt was foolhardy. But I don’t think it was immoral, illegal, unconstitutional or even unethical. Lots of things can be dumb without violating anything other than good judgment. It’s no secret that the Times’ editorial board is liberal. The text of its editorials and endorsements makes that plain pretty much every day.

What bothers me is that the Times’ editorial board is among the most vocal opponents of the Citizens United v. FEC decision.

In 2010, the Supreme Court struck down an election law that barred corporate and union “electioneering communications” within 30 days of a primary election and 60 days of a general election if those communications advocated for a specific candidate. The court held that “political speech does not lose First Amendment protection ‘simply because its source is a corporation.’”

“When Government seeks to use its full power,” Justice Anthony Kennedy wrote in the 5-4 decision, “including the criminal law, to command where a person may get his or her information or what distrusted source he or she may not hear, it uses censorship to control thought.”

When the Obama administration was arguing the case, some of the justices asked the deputy solicitor general, Malcolm Stewart, if there would be any constitutional reason why books couldn’t be included in the ban. Stewart said sure, “if the book contained the functional equivalent of express advocacy” for a candidate and was supported, even slightly, with corporate money. Such advocacy, Stewart conceded, could amount to negatively mentioning a politician just once in a 500-page book put out by a mainstream publisher.

While both the Times and the Obama administration believed in sweeping government censorship during elections — or at least when most voters pay attention (i.e., right before Election Day) — they thought one group should be exempt from these prohibitions: newspapers and other media outlets. Never mind that pretty much every significant newspaper, television network and magazine, including the Times itself, is owned by a corporation. They simply wanted other corporations to be forced to shut up.

A super PAC that wants to put out a pamphlet or video or even a paid ad in the Times should be barred from doing so if it might influence voters. But The New York Times Company can write whatever it damn well pleases.

This always struck me as a back door to the licensing of journalists. After all, when you think about how this barmy notion would be enforced, bureaucrats at the Federal Election Commission would have to determine that a newsletter put out by, say, Planned Parenthood or the NRA wasn’t journalism, but an editorial by The New York Times was. The host of “The Daily Show” on Comedy Central — owned by Viacom — could mock a politician, but the owner of the Acme Nail Co. would have to shut up.

The problems with this are too lengthy to list in full. But two are worth mentioning. First, leaving it up to the FEC to decide what counts as journalism and what doesn’t is an insane amount of power to give political appointees during the run-up to an election.

Second, everyone has the same First Amendment rights. The Constitution holds that a free press is vital, but it doesn’t define the press as some kind of incumbent guild.

By acting like a run-of-the-mill super PAC, the Times is highlighting how capricious and dangerous such line-drawing really is. The Times had every right to do what it did — but so does everyone else, whether The Times likes it or not.

© 2017 TRIBUNE CONTENT AGENCY, LLC

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the Tunnel to Towers Foundation, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.