Durbin’s Attack On Free Speech and Association

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When the Marxist philosopher Antonio Gramsci encouraged the left to begin a “long march through the institutions” he had two goals: co-opting neutral institutions in the cause of socialism and destroying institutions that could resist socialism. To a great extent his dictum has been followed in American and it has been successful. Academia is a monolithically left wing environment where conservatives are shut out and free speech relegated to designated areas on many major campuses.

Where the left can’t co-opt it seeks to harness the coercive power of the state to do its bidding. The saga of how the IRS violated federal law with impunity in order to target grassroots groups opposed to the administration is well known to all. What is less known is how the administration is going after donors to conservative groups as a way of shutting them down. The National Organization for Marriage had itsconfidential list of donors leaked by the IRS to the White House and the opponents of that organization so donors and their businesses could be targeted by supporters of homosexual marriage.

Now, under the leadership of Senator Dick Durbin (D-IL) they have set their sights on another conservative group: the American Legislative Exchange Council.

What Is ALEC?

Most people have never even heard of the American Legislative Exchange Council (ALEC). It is a 501(c)3 educational non-profit membership organization made up of private sector entities such as businesses, trade associations and citizen groups, as well as nearly one-third of the nation’s state legislators. ALEC facilitates discussion between these various groups from nearly every state in order to promote active participation between citizens and businesses and the legislators who determine policies affecting them.

State legislators make hundreds, perhaps thousands of voting decisions each legislative session, and they cannot possibly be experts on every issue for which they press that red or green button. There exist several organizations that bring together business leaders, industry experts, research analysts and elected officials in order to educate lawmakers so they can be the most informed elected representatives possible for their constituents and communities. The Progressive States Network (PSN)National Conference of State Legislatures (NCSL)Council of State Governments (CSG) and National Governors Association (NGA) are but a few examples of similar state-based policy organizations, but what sets the American Legislative Exchange Council apart from these other organizations is that its specific mission is to promote limited government, free markets and federalism. This philosophy is what has drawn the attention of Senator Durbin.

The Issue

When George Zimmerman lawfully defended himself while being savagely beaten, Durbin saw an opportunity.

Over its forty-year history, ALEC members have adopted a number of policies that would be considered politically conservative. One of those policies was “Stand Your Ground,” following its overwhelmingly bipartisan passage in Florida in 2005. If legislators across the country wanted to expand self-defense laws in their own states, the ALEC membership voted to adopt “Stand Your Ground” as an appropriate model.

Durbin used the strawman of “stand your ground” laws to attack ALEC — never mind that this law had no bearing on the Zimmerman case.

To be clear, ALEC has no vote in the process, whether at organization meetings or in any legislature in the country. As a 501(c)3 organization, ALEC is prohibited for lobbying on behalf of legislation. It takes a legislator to introduce a bill in their state capitol. Legislation must survive a public vetting process of debates, amendments and votes, and lawmakers support or oppose legislation based on their own beliefs and those of their constituents. (Last week’s Colorado senate recall elections are a perfect example of what happens to a legislator if they don’t listen to the will of the people they represent.)

Why ALEC?

Why did Durbin target ALEC for harassment and not, say, the National Rifle Association? There are two reasons. If Durbin had tired this stunt with an organization like the NRA, he would have gimped off into the dark, whining. But as ALEC cannot lobby, Durbin, being at heart a sleazy bully, took the path that bullies often take of picking on someone who lacks the ability to defend themselves.

More importantly, ALEC drew the attention of Durbin because it is so effective.

For decades, the American Legislative Exchange Council has been a force in shaping conservative policies at the state level. Today, its impact is even more pervasive. Its legislative ideas are resonating in practically every area of state government, from education and health to energy, environment and tax policy. The group, which brings together legislators with representatives from corporations, think tanks and foundations to craft model bills, has rung up an impressive score. Roughly 1,000 bills based on ALEC language are introduced in an average year, with about 20 percent getting enacted.

Its very success, however, is beginning to prompt a backlash. While it has long been the target of ideological opponents, many media outlets are now portraying it as a kind of cabal that is secretly pulling the strings in state capitols nationwide. More recently, ALEC has become part of the broad litany of complaints among those castigating corporations for gaming democratic institutions in their favor.

ALEC officials, needless to say, scoff at such characterizations. But they recognize how potent they can be, given the growing anticorporate populism exemplified by the Occupy Wall Street movement. For the organization, it’s a bigger public relations headache than it’s ever experienced before. “The hook about some conspiracy or some secret organization,” says Chaz Cirame, ALEC’s senior director of membership and development, “is a lot better story than one about bringing state legislators together to talk about best practices around the country.”

Regardless of the looming PR challenge, ALEC’s own success is prima facie evidence of its growing influence. Its support for limited government and fewer regulations resonates with many state officials in the wake of the sweeping victories enjoyed by Republicans last fall. “The elections did have a huge impact in terms of membership and financial support for the organization,” says Duane Parde, president of the National Taxpayers Union and a former ALEC official. “ALEC was well positioned.”

These days, you can hardly think of a front-burner issue in states in which ALEC doesn’t play an important role:

The ALEC has for several years been the target of yet another campaign by a variety of leftist political groups and their tame politicians to pressure and intimidate both public and private sector members into dropping their membership and participation. The ultimate goal of this campaign is to deprive the organization not only of funding to operate, but also members with whom to exchange ideas and to once again chill the free speech of political opponents. Those organizations aligned against ALEC saw the media surrounding Trayvon Martin and George Zimmerman as an opportunity to shame away their members once and for all.

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