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Unreasonable Access: Disguised Issue Advocacy and the First Amendment Status of Broadcasters
[WORKING DRAFT-FESC CONFERENCE, MAY 2014 PLEASE DO NOT DISTRIBUTE] UNREASONABLE ACCESS: DISGUISED ISSUE ADVOCACY AND THE FIRST AMENDMENT STATUS OF BROADCASTERS Kerry L. Monroe* Introduction ............................................................................................................. 1! I. Candidate Political Broadcasting Rights ............................................................ 8! A. History and Purposes of Statutory Political Broadcasting Rights ............... 9! 1.! Equal Opportunities for Candidates for Elective Office .................... 10! 2.! Reasonable Access and Lowest Unit Rate ......................................... 11! B. Regulatory Implementation of Reasonable Access ..................................... 13! C. Court Consideration of the Constitutionality of Reasonable Access .......... 15! II. Gaming the System—Pretextual Candidates ..................................................... 20! A. Incentives to Game the System ................................................................... 20! B. FCC Tolerance of Pretextual Candidates .................................................... 23! III. Walking the Tightrope of Broadcast Regulation .............................................. 28! A. Pursuing Communications Policy Through Structural Regulation ............. 28! 1.! The Origin of Congress’s Regulatory Power over Broadcast ........... 29! 2.! Regulating Broadcast to Pursue Communications Policy ................. 35! B. Reasonable Access and the Means-Ends Fit of the Commission’s Prophylactic -
San Francisco-Oakland
San Francisco-Oakland Bay Bridge GROUND-BREAKING CEREMONIES were held on July 9, 1933 even though actual construction work had begun in May with an informal ceremony at the site of the West Anchorage (see photo). Ex-President Herbert Hoover was the keynote speaker at the ground breaking ceremonies and California Governor Frank Merriam broke ground, assisted by San Francisco Mayor James Rolph. 4Y Y). ">)) t*^ ^V fctii/.-*v«* •• -• • —— ffajOTiF y C U ri '00^- src'iOL v. I or CHANGE J OF ADDRESS *^-vi_> SAN FRANCISCO-OAKLAND 4 BAY BRIDGE GROUND-BREAKING CEREMONIES were held on July 9, 1933. Ex-President Herbert Hoover was the keynote speaker and California Governor Frank Merriam broke ground, assisted by San Francisco Mayor James Rolph. r "•POSTAQj^lmB sjIWHia," ,Jini7,l||(iiMMW.-* IHJ-4oJ ?^U" SPOStAS£.^L.JiTi.Tr;. -^"iJlaJpOM• • • •»fl»WJ*..i— .^i.nwn .jrin~i Rif.HARD DUMQNT- P 0 STA. A BOX-132 LOS ANGELES CAU.; S 13 - " POSTAGE J|933 IdT— '• A1UR,, tr~ Or- C r> A^ffl^TRW-i- i.'»-- - GROUND BRrt AKING CEREMONY •H'/i SAN FRANCISCO-OAKLAND BAY BRIDGE ,*'?|l STATE TTCAUfORNIA JULY 9. :933 li 1(71 <A/,W>. SAN FRANCISCO-OAKLAND BAY BRIDGE San Francisco-Oakland Bay Bridge California Governor Frank Merriam lifting the first shovel, with San Francisco Mayor James Rolph looking on. SAN FRANCISCO-OAKLAND BAY BRIDGE Patrick and Moise-Klinkner Co. Metal Products - Rubber Stamps - Signs NOTIFY 1 YOUR J *5k CORRESPONDENT! OF CHANGE n V ADDRESI;S Ttmsz.-. «: Mr. S. Pels, 262 - 18th Ave,, San Francisco, C^l GROUND-BREAKING CEREMONIES July 9, 1933 8 AM I936 '61 o\j NOV 12 MR. -
American Health Care: Justice, Policy, Reform Carolyn Conti
Duquesne University Duquesne Scholarship Collection Electronic Theses and Dissertations Fall 2010 American Health Care: Justice, Policy, Reform Carolyn Conti Follow this and additional works at: https://dsc.duq.edu/etd Recommended Citation Conti, C. (2010). American Health Care: Justice, Policy, Reform (Doctoral dissertation, Duquesne University). Retrieved from https://dsc.duq.edu/etd/432 This Immediate Access is brought to you for free and open access by Duquesne Scholarship Collection. It has been accepted for inclusion in Electronic Theses and Dissertations by an authorized administrator of Duquesne Scholarship Collection. For more information, please contact [email protected]. AMERICAN HEALTH CARE: JUSTICE, POLICY, REFORM A Dissertation Submitted to the McAnulty College and Graduate School of Liberal Arts Duquesne University In partial fulfillment of the requirements for the degree of Doctor of Philosophy By Carolyn Ann Conti December 2010 Copyright by Carolyn Ann Conti 2010 AMERICAN HEALTH CARE: JUSTICE, POLICY, REFORM By Carolyn Ann Conti Approved October 4, 2010 _________________________________ _________________________________ Aaron L. Mackler, Ph.D. Gerard Magill, Ph.D. Associate Professor Professor Department of Theology Healthcare Ethics Program (Dissertation Director) (Committee Member) _________________________________ Charles J. Dougherty, Ph.D. President Duquesne University (Committee Member) _________________________________ __________________________________ Christopher M. Duncan, Ph.D. Henk Ten Have, M.D., Ph.D Dean, McAnulty College and Graduate Director, Center for Healthcare Ethics School of Liberal Arts Professor, Healthcare Ethics iii ABSTRACT AMERICAN HEALTH CARE: JUSTICE, POLICY, REFORM By Carolyn Ann Conti December 2010 Dissertation supervised by Professor Aaron L. Mackler The American health care system is seriously flawed and in need of reform. American health care is expensive and rationed by the ability to pay. -
For All the People
Praise for For All the People John Curl has been around the block when it comes to knowing work- ers’ cooperatives. He has been a worker owner. He has argued theory and practice, inside the firms where his labor counts for something more than token control and within the determined, but still small uni- verse where labor rents capital, using it as it sees fit and profitable. So his book, For All the People: The Hidden History of Cooperation, Cooperative Movements, and Communalism in America, reached expectant hands, and an open mind when it arrived in Asheville, NC. Am I disappointed? No, not in the least. Curl blends the three strands of his historical narrative with aplomb, he has, after all, been researching, writing, revising, and editing the text for a spell. Further, I am certain he has been responding to editors and publishers asking this or that. He may have tired, but he did not give up, much inspired, I am certain, by the determination of the women and men he brings to life. Each of his subtitles could have been a book, and has been written about by authors with as many points of ideological view as their titles. Curl sticks pretty close to the narrative line written by worker own- ers, no matter if they came to work every day with a socialist, laborist, anti-Marxist grudge or not. Often in the past, as with today’s worker owners, their firm fails, a dream to manage capital kaput. Yet today, as yesterday, the democratic ideals of hundreds of worker owners support vibrantly profitable businesses. -
The Creative Society Environmental Policymaking in California,1967
The Creative Society Environmental Policymaking in California,1967-1974 Dissertation Presented in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy in the Graduate School of The Ohio State University By Robert Denning Graduate Program in History The Ohio State University 2011 Dissertation Committee: Dr. Paula M. Baker, Advisor Dr. William R. Childs Dr. Mansel Blackford Copyright By Robert Denning 2011 Abstract California took the lead on environmental protection and regulation during Ronald Reagan‟s years as governor (1967-1974). Drawing on over a century of experience with conserving natural resources, environmentally friendly legislators and Governor Reagan enacted the strongest air and water pollution control programs in the nation, imposed stringent regulations on land use around threatened areas like Lake Tahoe and the San Francisco Bay, expanded the size and number of state parks, and required developers to take environmental considerations into account when planning new projects. This project explains why and how California became the national leader on environmental issues. It did so because of popular anger toward the environmental degradation that accompanied the state‟s rapid and uncontrolled expansion after World War II, the election of a governor and legislators who were willing to set environmental standards that went beyond what industry and business believed was technically feasible, and an activist citizenry that pursued new regulations through lawsuits and ballot measures when they believed the state government failed. The environment had a broad constituency in California during the Reagan years. Republicans, Democrats, students, bureaucrats, scientists, and many businessmen tackled the environmental problems that ii threatened the California way of life. -
The Weekly Standard…Don’T Settle for Less
“THE ORACLE OF AMERICAN POLITICS” — Wolf Blitzer, CNN …don’t settle for less. POSITIONING STATEMENT The Weekly Standard…don’t settle for less. Through original reporting and prose known for its boldness and wit, The Weekly Standard and weeklystandard.com serve an audience of more than 3.2 million readers each month. First-rate writers compose timely articles and features on politics and elections, defense and foreign policy, domestic policy and the courts, books, art and culture. Readers whose primary common interests are the political developments of the day value the critical thinking, rigorous thought, challenging ideas and compelling solutions presented in The Weekly Standard print and online. …don’t settle for less. EDITORIAL: CONTENT PROFILE The Weekly Standard: an informed perspective on news and issues. 18% Defense and 24% Foreign Policy Books and Arts 30% Politics and 28% Elections Domestic Policy and the Courts The value to The Weekly Standard reader is the sum of the parts, the interesting mix of content, the variety of topics, type of writers and topics covered. There is such a breadth of content from topical pieces to cultural commentary. Bill Kristol, Editor …don’t settle for less. EDITORIAL: WRITERS Who writes matters: outstanding political writers with a compelling point of view. William Kristol, Editor Supreme Court and the White House for the Star before moving to the Baltimore Sun, where he was the national In 1995, together with Fred Barnes and political correspondent. From 1985 to 1995, he was John Podhoretz, William Kristol founded a senior editor and White House correspondent for The new magazine of politics and culture New Republic. -
PACKAGING POLITICS by Catherine Suzanne Galloway a Dissertation
PACKAGING POLITICS by Catherine Suzanne Galloway A dissertation submitted in partial satisfaction of the requirements for the degree of Doctor of Philosophy in Political Science in the Graduate Division of the University of California at Berkeley Committee in charge Professor Jack Citrin, Chair Professor Eric Schickler Professor Taeku Lee Professor Tom Goldstein Fall 2012 Abstract Packaging Politics by Catherine Suzanne Galloway Doctor of Philosophy in Political Science University of California, Berkeley Professor Jack Citrin, Chair The United States, with its early consumerist orientation, has a lengthy history of drawing on similar techniques to influence popular opinion about political issues and candidates as are used by businesses to market their wares to consumers. Packaging Politics looks at how the rise of consumer culture over the past 60 years has influenced presidential campaigning and political culture more broadly. Drawing on interviews with political consultants, political reporters, marketing experts and communications scholars, Packaging Politics explores the formal and informal ways that commercial marketing methods – specifically emotional and open source branding and micro and behavioral targeting – have migrated to the political realm, and how they play out in campaigns, specifically in presidential races. Heading into the 2012 elections, how much truth is there to the notion that selling politicians is like “selling soap”? What is the difference today between citizens and consumers? And how is the political process being transformed, for better or for worse, by the use of increasingly sophisticated marketing techniques? 1 Packaging Politics is dedicated to my parents, Russell & Nancy Galloway & to my professor and friend Jack Citrin i CHAPTER 1: INTRODUCTION Politics, after all, is about marketing – about projecting and selling an image, stoking aspirations, moving people to identify, evangelize, and consume. -
Spring / Summer 2018 Newsletter [PDF]
California Supreme Court Historical Society newsletter · spring/ summer 2018 THE MARRIAGE CASES AN INSIDER’S PERSPECTIVE TEN YEARS LATER The Story of In re Marriage Cases: Our Supreme Court’s Role in Establishing Marriage Equality in California By Justice Therese M. Stewart* Therese M. Stewart, then of the Office of the San Francisco City Attorney, prepares to speak at a press conference after arguing in support of marriage equality before the California Supreme Court on Tuesday, May 25, 2004. AP Photo / Jeff Chiu t a few minutes before 10:00 a.m. on Thursday, traffic we knew it was receiving. After what felt like an May 15, 2008, attorneys who had worked for eternity, we heard a sound in the distance that seemed ASan Francisco litigating In re Marriage Cases1 like cheering. We wondered whether the anti-marriage were assembled in my City Hall office. We trolled the equality forces waiting at the courthouse had the num- California Supreme Court’s website as we waited for the bers to make such a sound carry all the way across the decision we’d been promised would be forthcoming, plaza. We were confident the pro-marriage forces did. in a notice posted by the Court the day before. Some Still, we wanted a firmer answer than that. We couldn’t were optimistic, others apprehensive. I felt butterflies immediately access the opinion online and the waiting below my ribcage, nearer to my heart than my stom- became almost unbearable. Finally, the phone rang, and ach. Dennis Herrera, my boss and the San Francisco I answered it. -
Tax Reform Commissioners in the Sweep of California's Fiscal History Steven M
Hastings Constitutional Law Quarterly Volume 37 Article 2 Number 4 Summer 2010 1-1-2010 Tax Reform Commissioners in the Sweep of California's Fiscal History Steven M. Shefrin Follow this and additional works at: https://repository.uchastings.edu/ hastings_constitutional_law_quaterly Part of the Constitutional Law Commons Recommended Citation Steven M. Shefrin, Tax Reform Commissioners in the Sweep of California's Fiscal History, 37 Hastings Const. L.Q. 661 (2010). Available at: https://repository.uchastings.edu/hastings_constitutional_law_quaterly/vol37/iss4/2 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Constitutional Law Quarterly by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Tax Reform Commissions in the Sweep of California's Fiscal History by STEVEN M. SHEFFRIN* Introduction On September 29, 2009, the California Commission on the 21st Century ("Parsky Commission")' submitted to Governor Arnold Schwarzenegger and the Legislature its recommendations for reforming the California tax system.2 When the Governor and the Legislature first appointed the Parsky Commission, there were very high expectations. California was experiencing a severe financial crisis, following on the heels of ongoing budgetary problems and a national recession. Many hoped that the Parsky Commission could provide some direction out of the crisis. There were broad indications that the recommendations of the Parsky Commission would be taken very seriously in Sacramento and would be considered seriously by the Legislature.3 The Parsky Commission proposed a very bold plan, introducing a new tax called the Business Net Receipts Tax ("BNRT") and using the proceeds from that tax to finance large reductions in personal * Executive Director, Murphy Institute and Professor of Economics, Tulane University; [email protected]. -
Hugh^ Set No Records on Globe Girdling Flight
HANCHraTER EVBNINO R E ^^D . MANCRUTEB, CONN« THURSDAY,. JULY 14.1988 MANCHESTER BVENINQ HERALD, MANCBB8TER. THURSDAY, JULY %4 ,1988 market at the tlma the Boland bid stated that, la hUi opinlea, the ohiy town money. Ra isn’t doing th tff waa accepted, ta tt Bay for the town to give out I nor is this sealedIsd bid p r o ^ t tlig (he kandaUam this afternoon. f General Mlahp. Its builiiees wae by eealed bid, pAr- DEMOCRAn MAY ALTER tlonald Stewart, 28, of 620 Wash- Winner In Kemp’s Contest DRIYING TEST CAR BID MUDDLE doing It. He now proposes only ington avenue; Chariea Petei The entire gasoline tnirchasa prob- tlelpatton In which would be open loWes his price to meat competition. ’ POSITION Pretzel Twisting Case lem has been in a miaiip of mis- only to local taxpayers. 20, of f0S Amsterdam avenue, SEADLUND EI£CTR0CUTED understanding and turmoil' 'since We am i’t getting any bargain. It’a DAtE OF CONVENTION Jlaymopd Coi^, 27, of lOO ' ROCKVILLE HERE NEXT IHUIDAY After discussing the qnSkttoa, Just a 'ehift of dealers.’’ Martin last week when three local oil deal- the Board memfaera agreed that alt street, former employ^ of th* Has Referee Twisted Ut SOLVED BY SELECTMEN ers, acting on a request to submit was backed, in hla view by fliflaet- Telegram who partidpatad i t a IPOGHT IN DANGER local taxpayers >houId be given an Favor Roldiiig State Parley , -}r • ^ s ,etna Safety Special” To Be offers for the supplying of the men L. T. Wood and Harold Reed, walkout at the plant aeVeral weSks FOR THE ROSS KIDNAPING equal chance to bid for the comJiig who were not in sympathy with the Week O f^ept. -
Oral History Interview with Clement Sherman Whitaker
California State Archives State Government Oral History Program Oral History Interview with CLEMENT SHERMAN WHITAKER, JR. Political Campaign and Public Relations Specialist, 1944- September 15,27, October 21, November 17, December 7, 1988; January 18,1989 San Francisco, California By Gabrielle Morris Regional Oral History Office University of California, Berkeley RESTRICTIONS ON THIS INTERVIEW None. LITERARY RIGHTS AND QUOTATIONS This manuscript is hereby made available for research purposes only. No part of the manuscript may be quoted for publication without the written permission of the California State Archivist or RegIOnal Oral History Office, University of California at Berkeley. Requests for permission to quote for publication should be addressed to: California State Archives 1020 0 Street, Room 130 Sacramento, California 95814 or Regional Oral History Office 486 Library University of California Berkeley, California 94720 The request should include information of the specific passages and identification of the user. It is recommended that this oral history be cited as follows: Clement Sherman Whitaker, Jr. Oral History Interview, Conducted 1989 by Gabrielle Morris, Regional Oral History Office, University of California at Berkeley, for the California State Archives State Government Oral History Program. California State Archives Information (916) 445-4293 March Fong Eu Document Restoration (916) 445-4293 10200 Street, Room 130 Secretary of State Exhibit Hall (916) 445-0748 Sacramento, CA 95814 Legislative Bill Service (916) 445-2832 -
The Last 24 Notes MATT LABASH on Bugles Across America
WHAT TO DO ABOUT SYRIA BARNES • GERECHT • KAGAN KRISTOL • SCHMITT • SMITH SEPTEMBER 16, 2013 $4.95 The Last 24 Notes MATT LABASH on Bugles Across America WWEEKLYSTANDARD.COMEEKLYSTANDARD.COM Contents September 16, 2013 • Volume 19, Number 2 2 The Scrapbook We’ll take the disposable Post, the march of science, & more 5 Casual Joseph Bottum gets stuck in the land of honey 7 Editorial The Right Vote BY WILLIAM KRISTOL Articles 9 I Came, I Saw, I Skedaddled BY P. J. O’ROURKE Decisive moments in Barack Obama history 7 10 Do It for the Presidency BY GARY SCHMITT Congress, this time at least, shouldn’t say no to Obama 12 What to Do About Syria BY FREDERICK W. K AGAN Vital U.S. interests are at stake 14 Sorting Out the Opposition to Assad BY LEE SMITH They’re not all jihadist dead-enders 16 Hesitation, Delay, and Unreliability BY FRED BARNES Not the qualities one looks for in a war president 17 The Louisiana GOP Gains a Convert BY MICHAEL WARREN Elbert Lee Guillory, Cajun noir Features 20 The Last 24 Notes BY MATT LABASH Tom Day and the volunteer buglers who play ‘Taps’ at veterans’ funerals across America 26 The Muddle East BY REUEL MARC GERECHT Every idea Obama had about pacifying the Muslim world turned out to be wrong Books & Arts 9 30 Winston in Focus BY ANDREW ROBERTS A great man gets a second look 32 Indivisible Man BY EDWIN M. YODER JR. Albert Murray, 1916-2013 33 Classical Revival BY MARK FALCOFF Germany breaks from its past to embrace the past 36 Living in Vein BY JOSHUA GELERNTER Remember the man who invented modern medicine 37 With a Grain of Salt BY ELI LEHRER Who and what, exactly, is the chef du jour? 39 Still Small Voice BY JOHN PODHORETZ Sundance gives birth to yet another meh-sterpiece 20 40 Parody And in Russia, the sun revolves around us COVER: An honor guard bugler plays at the burial of U.S.