September, 11 2008, 01:16pm EDT
![Brennan Center for Justice](https://assets.rbl.ms/32012660/origin.jpg)
For Immediate Release
Contact:
James Sample of the Brennan Center for Justice,917-355-9557
Charles W. Hall of Justice at Stake, 202-588-9454
Buying Time--2008
Television Advertising in State Supreme Court Elections
NEW YORK
As the fall 2008 judicial season
kicks off, early data on TV advertising do not yet offer clear trends as to how
much and where judicial campaigns will suffer from excessive special interest
and partisan pressure. But an analysis
of races earlier this year shows that interest group targeting and big money
court-campaigns remain deeply entrenched.
"Television advertising studies
have proven to offer the best available window of comparison into how, and by
whom, judicial races are financed across time, and across the country,"
said James Sample, counsel at the Brennan
Center for Justice in New York.
"Judicial politics often break late, so it's not clear how
many interest groups are cutting ads and writing checks right this minute,"
said Bert Brandenburg, executive director of the Justice at Stake Campaign, a
nonpartisan national partnership that works to preserve fair and impartial
courts.
During the 2008 election season, the Brennan Center
for Justice is releasing weekly, real-time reports on television
advertising in state Supreme Court elections. The reports, to be released from
September 11 through November 12, will analyze campaign advertising by
candidates, political parties, and third-party groups.
This Week in Judicial
Politics
Television advertising has heated up in Alabama, the state marked by some of the
nation's most expensive and nastiest Supreme Court elections. In just less than
a week, the Judge Greg Shaw Committee spent close to $94,000 in campaign ads.
Shaw, a Republican state appellate judge, is heavily out-advertising his
Democratic opponent, District Judge Deborah Bell Paseur.
According to campaign finance reports, Shaw has many of the
same business-based donors who have financed candidates in recent Alabama elections,
suggesting that he has deep pockets to draw on for further campaign
advertising.
Shaw's top five contributors include the Automobile Dealers
Association of Alabama, Pro Business Pac, and the Alabama Retail Association, all
of which have contributed heavily to Republican candidates in 2006, 2004, 2002
and 2000.
Paseur, who has received $20,000 from the state Democratic
Party, has mainly reported individual contributions of $1,000 or less.
So far, ads by both candidates have been positive in tone,
as is usually the case early in a campaign. Shaw's "Alabama values" ad, which aired in six major
markets the week of Aug. 30 to Sept. 5, can be accessed here. Paseur's "Amazing Grace" ad, which aired only
in the Huntsville
market, can be found here.
From 1993 to 2006, candidates raised a total of $54 million
for Supreme Court races, the highest total in the nation. In July, Alabama
State Bar President J. Mark White called for reforms
to reduce the cost of Supreme Court elections, noting that more money is spent
on court elections in Alabama
than to provide legal assistance to the poor in civil cases.
2008 - The Year to
Date
There was significant television advertising in four state
primaries, but the total, $1.6 million, was less than the $3.5 million spent
on six 2006 primaries. To date, all
primary advertising has been by candidates, not by outside groups-the same as
in 2006.
Television spending spiked most sharply in Nevada, where three of four candidates vying
for an open seat ran television ads totaling $821,756. In 2006, only two of eight
candidates for three court seats ran television ads, totaling $142,000.
By contrast, a dramatic reduction in spending occurred in Washington state. After
spending heavily in a failed attempt to unseat two Supreme Court justices in
2006, the building and real estate industries stayed out of this year's
primary. Total spending on all primary campaign activities fell from $2.1
million to about $200,000, according to the Seattle Times.
In West Virginia,
$636,687 was spent in a May primary campaign in which Justice Elliott "Spike"
Maynard was voted off the court. Maynard was photographed in the French Riviera
with mining executive Donald Blankenship, who in 2004 spent more than $3
million to help elect West Virginia Justice Brent Benjamin.
In the spring, Wisconsin's
partisan
and costly 2008 Supreme Court election campaign turned into a shameful
race to the bottom with total spending in its five largest markets for the entire
duration of the race estimated at $3.6
million.
The election was dominated by special interest groups that
wrote checks to cover almost nine out of every ten dollars spent on television
advertising (89%). On top of
exorbitant third-party spending, many of the ads aired were widely criticized.
Justice Michael Gableman, who unseated then-incumbent
Justice Louis Butler, aired an ad attacking Butler that The Wisconsin Judicial Campaign
Integrity Committee (WJCIC) described as an "offensive, race-baiting style
reminiscent of the Willie Horton spot from the 1988 presidential race." Meanwhile,
an ad sponsored by the Greater Wisconsin Committee criticized Gableman's
handling of a number of child sexual assault cases, with the WJCIC calling the
ad "completely useless," as its claims made "were not substantiated or put into
meaningful context."
The Fall
Campaign
Twenty
states will elect judges this fall. There are mixed signals about the likelihood
of runaway spending on Supreme Court elections.
Incumbents
in Michigan and Ohio, the scene of expensive elections in
recent years, have heavy financial backing from business-based funders who have
helped elect other Supreme Court justices in recent cycles, and they appear
prepared to spend heavily on re-election.
According
to campaign finance reports, Michigan Chief Justice Cliff Taylor already
had broken the fund-raising record for a
state Supreme Court candidate in early August, three months before the general
election.
It
is less clear that challengers in Michigan and
Ohio can
raise enough money to mount competitive campaigns, which could reduce spending
on both sides.
Challenges
are being mounted in several other states with a history of partisan elections
and heavy campaign spending-including Louisiana,
Mississippi, and Texas.
At
the other end, at least three states-Georgia,
Illinois, and Washington-that broke campaign spending
records in recent elections have uncontested Supreme Court races in November.
Methodology
The Brennan
Center's analyses of
television advertising in state Supreme Court elections use data obtained from
a commercial firm, TNS Media Intelligence/Campaign Media Analysis Group
("CMAG"), which records each ad via satellite. CMAG provides information about the location,
dates, frequency, and estimated costs of each ad, as well as storyboards. Cost
estimates are refined over time and do not include the costs of design and
production. As a result, cost estimates
substantially understate the actual cost of advertising.
The Brennan Center for Justice is a nonpartisan law and policy institute. We strive to uphold the values of democracy. We stand for equal justice and the rule of law. We work to craft and advance reforms that will make American democracy work, for all.
(646) 292-8310LATEST NEWS
'Tragic Outcome' for Gig Workers as California Supreme Court Hands Win to Uber, DoorDash
"Today's ruling only strengthens our demand for the right to join together in a union so that we can begin improving the gig economy for workers and our customers," the case plaintiff said.
Jul 25, 2024
Labor advocates on Thursday decried a ruling by the California Supreme Court upholding a lower court's affirmation of a state ballot measure allowing app-based ride and delivery companies to classify their drivers as independent contractors, limiting their worker rights.
The court's seven justices ruled unanimously in Castellanos v. State of California that Proposition 22, which was approved by 58% of California voters in 2020, complies with the state constitution. Prop 22—which was overturned in 2021 by an Alameda County Superior Court judge in 2021—was upheld in March 2023 by the state's 1st District Court of Appeals.
The business models of app-based companies including DoorDash, Instacart, Lyft, and Uber rely upon minimizing frontline worker compensation by categorizing drivers as independent contractors instead of employees. Independent contractors are not entitled to unemployment insurance, health insurance, or compensation for business expenses.
There are approximately 1.4 million app-based gig workers in California, according to industry estimates.
While DoorDash hailed Thursday's ruling as "not only a victory for Dashers, but also for democracy itself," gig worker advocates condemned the decision.
"Over the last three years, gig workers across California have experienced firsthand that Prop 22 is nothing more than a bait-and-switch meant to enrich global corporations at the expense of the Black, brown, and immigrant workers who power their earnings," plaintiff Hector Castellanos, who drives for Uber and Lyft, said in a statement.
"Prop 22 has allowed gig companies like Uber, Lyft, and DoorDash to deprive us of a living wage, access to workers compensation, paid sick leave, and meaningful healthcare coverage," Castellanos added. "Today's ruling only strengthens our demand for the right to join together in a union so that we can begin improving the gig economy for workers and our customers."
Lorena Gonzalez, president of the California Federation of Labor Unions, AFL-CIO, said that "we are deeply disappointed that the state Supreme Court has allowed tech corporations to buy their way out of basic labor laws despite Proposition 22's inconsistencies with our state constitution."
"These companies have upended our social contract, forcing workers and the public to take on the inherent risk created by this work, while they profit," she continued. "A.B. 5 granted virtually all California workers the right to be paid for all hours worked, health and safety standards, unemployment insurance, workers compensation, and the right to organize."
"Rideshare and delivery drivers deserve those rights as well," Gonzalez stressed.
The Gig Workers Rising campaign said on social media that "Uber and other app corporations spent $220 million to buy this law, and they did it by tricking Californians."
Prop 22's passage in November 2020 with nearly 59% of the vote was the culmination of what was by far the most expensive ballot measure in California history. App-based companies and their backers outspent labor and progressive groups by more than 10 to 1, with proponents pouring a staggering $204.5 million into the "yes" campaign's coffers against just $19 million for the "no" side.
"Voters were told the initiative would provide us with 'historic new benefits' and guaranteed earnings," said Gig Workers Rising. "But since it went into effect, drivers have seen our pay go down, learned the benefits are a sham, and have to accept unsafe rides because of the constant threat of being 'deactivated,' kicked off the app with little explanation or warning."
"If Uber really cared about good benefits and fair wages, it could make that happen tomorrow," the campaign added. "Instead, it has shown it would rather slash pay, bamboozle voters, and put drivers' lives and livelihoods in danger—all while promising $7 billion in stock buybacks to banks and billionaires."
Veena Dubal, a law professor at the University of California, Irvine who focuses on labor and inequality, toldCalMatters that Thursday's ruling was "a really tragic outcome," but "it's not the end of the road."
Dubal's sentiment was echoed by some California state legislators, who said the ruling presents an opportunity to act.
"While this decision is frustrating, it must also be motivating," said state Senate Labor Committee Chair Lola Smallwood-Cuevas (D-28). "I'm more determined than ever to ensure that all workers—including our diverse and Black, Indigenous, and people of color-led gig workforce—have the basic protections of workers compensation, paid sick leave, family leave, disability insurance, and the right to form a union."
Prop 22 has served as a template for lawmakers in other states seeking to deny or limit basic worker rights, benefits, and protections.
In Massachusetts, app-based companies have been fighting for years to get a measure to classify drivers as contractors on the state ballot. In 2022, Lyft made the largest political donation in state history—$14.4 million—to a coalition funding one such proposal.
Last month, Uber and Lyft reached an agreement with the office of Massachusetts Attorney General Andrea Campbell, a Democrat, to pay $175 million to settle a lawsuit filed in 2020. As part of the deal, the companies also agreed to increase driver pay and provide paid sick leave, accident insurance, and some health benefits. The agreement does not address how app-based gig workers should be classified.
Keep ReadingShow Less
Young Voters Tell Kamala Harris to 'Fight for Our Future'
"This is your chance to energize young people and our communities to vote, mount one of the greatest political comebacks in decades, and deliver a resounding defeat to the far-right agenda of Trump and Vance."
Jul 25, 2024
Four youth-led groups on Thursday urged Vice President Kamala Harris, the presumptive Democratic presidential nominee, to "fight for our future" by pursuing a policy agenda the coalition unveiled in a March letter to U.S. President Joe Biden.
It's been less than a week since Biden left the race and endorsed Harris, who is expected to face former Republican Donald Trump and his running mate, U.S. Sen. JD Vance (R-Ohio), in the November election. Since then, she's racked up endorsements from Democratic members of Congress and progressive groups focused on issues including climate, labor, and reproductive rights.
March for Our Lives, which was launched after the 2018 mass shooting at Marjory Stoneman Douglas High School in Parkland, Florida, honored Harris with the group's first-ever endorsement on Wednesday, calling her "the right person to stand up for us and fight for the country we deserve."
"To defeat Trump, you must rebuild support and enthusiasm among young voters."
The gun violence prevention organization is part of the youth-led coalition behind the new letter, which also includes the climate-focused Sunrise Movement; Gen-Z for Change, which advocates on a range of issues; and the national immigrant network United We Dream Action.
"You have an urgent and important task. To defeat Trump, you must rebuild support and enthusiasm among young voters," the coalition told Harris on Thursday, noting that she sought the Democratic nomination during the last cycle. "You should build on your 2020 campaign platform where you put forward a strong vision to make the economy work for everyday people and ensure a livable future for us all."
The groups urged Harris to support the Green New Deal, Medicare for All, and the Reverse Mass Incarceration Act. They pushed her to expand pathways to citizenship, keep families together, end fossil fuel subsidies, and create good, union jobs. They also called on her to prioritize gun violence prevention and investments in public health solutions and green, affordable housing.
"Democrats are at a critical crossroads with young people," the coalition wrote to Harris on Thursday. "Polls showed Biden and Trump neck-and-neck among young voters."
ANew York Times/Siena College poll conducted July 22-24 shows Trump leading Harris 48% to 47% among likely voters and 48% to 46% among registered voters—differences that fall within the margin of error.
Forbesnoted Thursday that "Democrats are far more enthusiastic about Harris than they were Biden, the Times/Siena survey found, with nearly 80% of voters who lean Democrat saying they would like Harris to be the nominee, compared to 48% of Democrats who said the same about Biden three weeks ago."
The outlet also pointed to two other polls conducted by Morning Consult and Reuters/Ipsos since Biden dropped out, which both show Harris with a narrow lead over Trump.
"You have an opportunity to win the youth vote by turning the page and differentiating yourself from Biden policies that are deeply unpopular with us, such as approving new oil and gas projects, denying people their right to seek refuge and asylum, and funding the Israeli government's killing of civilians in Gaza," the youth coalition highlighted Thursday. "You must speak to the economic pain young people are facing from crushing student debt and skyrocketing housing and food prices."
Looking beyond November, the groups told Harris—who could be the first Black woman and person of Asian descent elected to the country's highest office—that "you could be a historic president. Not just because of who you are, but what you can accomplish."
"Young people are energized and ready to organize against fascism and for the future we deserve," they concluded. "This is your chance to energize young people and our communities to vote, mount one of the greatest political comebacks in decades, and deliver a resounding defeat to the far-right agenda of Trump and Vance."
Keep ReadingShow Less
Video Game Actors Strike for AI Protections
"The video game industry generates billions of dollars in profit annually," said one union leader. "The driving force behind that success is the creative people who design and create those games."
Jul 25, 2024
After nearly two years of negotiations with video game giants and no deal that would protect performers from artificial intelligence, unionized voice and motion capture actors who work in video game development announced Thursday that they will go on strike starting at 12:01 am on Friday, July 26.
The performers are represented by Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA), which last year won a contract for TV and film actors that included "unprecedented provisions for consent and compensation that will protect members from the threat of AI," after the union went on strike for four months.
The union has been negotiating on behalf of video game actors with major production companies including Disney Character Voices Inc., Activision Productions Inc., and WB Games Inc., and has won concessions over wages and job safety—but "AI protections remain the sticking point," said SAG-AFTRA on Thursday as the impending strike was announced.
Unionized actors want protections that would stop video game companies from training AI to replicate actors' voices or likeness without their consent and without compensating them.
"The video game industry generates billions of dollars in profit annually," said Duncan Crabtree-Ireland, national executive director and chief negotiator for SAG-AFTRA. "The driving force behind that success is the creative people who design and create those games. That includes the SAG-AFTRA members who bring memorable and beloved game characters to life, and they deserve and demand the same fundamental protections as performers in film, television, streaming, and music: fair compensation and the right of informed consent for the AI use of their faces, voices, and bodies."
"Frankly, it's stunning that these video game studios haven't learned anything from the lessons of last year—that our members can and will stand up and demand fair and equitable treatment with respect to AI, and the public supports us in that," he added.
Sarah Elmaleh, negotiating committee chair for the union's interactive media agreement, said the negotiations have shown the companies "are not interested in fair, reasonable AI protections, but rather flagrant exploitation."
"We look forward to collaborating with teams on our interim and independent contracts, which provide AI transparency, consent, and compensation to all performers, and to continuing to negotiate in good faith with this bargaining group when they are ready to join us in the world we all deserve," said Elmaleh.
The unionized actors voted in favor of the strike authorization with a 98.32% yes vote, said SAG-AFTRA.
The strike was announced as more than 500 workers who help develop the popular World of Warcraft video game franchise voted to join the Communications Workers of America (CWA), with the games publisher, Blizzard Entertainment, recognizing the bargaining unit.
CWA noted that the workers' journey to union representation began with a walkout in 2021 at Activision Blizzard, which was later bought by Microsoft, over sexual harassment and discrimination.
"What we've accomplished at World of Warcraft is just the beginning," Eric Lanham, a World of Warcraft test analyst, said in a statement. "We know that when workers have a protected voice, it's a win-win for employee standards, the studio, and World of Warcraft fans looking for the best gaming experience."
Keep ReadingShow Less
Most Popular