There’s been much talk about the Supreme Court’s decision last week in Citizens United v. Federal Election Commission, which overturned a lot of campaign-finance “reform.” Last night, for example, President Obama appeared to look straight at the justices as he rebuked the Court for this holding. Most of the commentary
to date has dealt with its implications for Wall Street, big oil
companies, the auto industry, and the major unions. Turns out, however,
that there may be big implications for education, too, because, when it
comes to political spending, the two teacher unions (including their
state and local affiliates) have, in recent years, outspent all the major corporate interests combined.
To refresh your memory, the Court majority sided with Citizens
United, a non-profit that produced “Hillary: The Movie,” an anti-Clinton
exposé released during the 2008 primary season. Two issues were
addressed: how the movie was funded and the timing of its release. To
handle the former, the Court overturned a twenty-year-old decision
restricting corporate and labor outlays (Austin v. Michigan Chamber of Commerce, 1990)
that distinguished between “corporate” and “human” speakers as
legitimate sources of political speech. Corporations represent interests
bigger than just the sum of its shareholders or senior executives, thus
making their “speech” unduly influential. It specifically dealt with
state-level campaigns. For the latter, it struck down part of the 2002
Bipartisan Campaign Reform Act (a.k.a. “McCain-Feingold”), which banned
corporate and union-funded “electioneering communication,” including
“soft” money donations, during the last thirty days of federal election
campaigns (including primaries), and which the Court had been upheld in
2003 in McConnell v. Federal Election Commission.
No more. As Justice Kennedy explains for the Citizens majority,
“There is no basis for the proposition that, in the political speech
context, the government may impose restrictions on certain disfavored
speakers....The government may regulate corporate speech through
disclaimer and disclosure requirements, but it may not suppress that
speech altogether.”
Until last week, when the AFT supported a particular candidate, it
had to solicit support behind “member-only” firewalls or in
direct-member communications. (This particular strategy was also part of
Citizens, where the appellant argued that it could advertise
on TV for its video because it was available only on pay-per-view.) It
also meant that the NEA and AFT had to use a political action committee
to donate to federal campaigns, rather than giving to them directly, and
could not do so in the prime thirty-day election lead-up period.
Having to work indirectly didn’t deter the teacher unions from
collecting and contributing enormous sums. To wit, the NEA was the
biggest political spender in the U.S. in 2007-08--a whopping $56 million, according to the Center for Responsive Politics.
It outspent the next biggest contributor (the Pechanga Band of Mission
Indians) by more than $12 million, and that calculation doesn’t include
the contributions made in concert with the AFT, which were catalogued under a separate NEA-AFT designation.
The AFT clocked in at number twenty-five with a 2007-08 outlay of
nearly $13.8 million. These figures include PAC, individual, and “soft”
donations from parent and affiliate unions and their members to state
and federal candidates, as reported to the Federal Election Commission.
But now that PACs are no longer needed, it’s not immediately clear if
more union dollars will pad federal campaign pockets. It’s true that
out of that 2007-08 $56 million, $53 million went to state campaigns or
ballot initiatives, while only $3 million went federal. But this could
be because there simply aren’t many Congressmen batting for education
and that education is still mostly a state-level issue, rather than the
McCain-Feingold restrictions. One thing is for sure, though. There’s a ton more federal money
heading education’s way, which may or may not significantly shift the
federal-state power balance and union-funding decisions accordingly.
It’s also interesting to note that unionized teachers as a share of
overall public and private sector union membership is on the rise. Not
only are there more unionized public sector employees, but more of them
work in local government--police, firefighters, and, you guessed it,
teachers. In fact, though union membership numbers declined from 2008 to
2009 by roughly 800,000, according to the Bureau of Labor Statistics annual survey,
most of that can be accounted for by private sector job losses. Public
sector union members actually increased by 64,000 during that same time
period and now number more than the private sector, despite the latter
accounting for almost five times the number of jobs. This is important
because it means that teachers and the teacher unions will have greater
influence in how the labor movement as a whole lobbies for
union-friendly policies. According to the Education Intelligence Agency,
the teacher unions have largely shied away from being indentified with
other unionized industries. This makes NEA President Dennis Van Roekel’s
comments at the AFL-CIO annual conference
last September even more telling: in order to “change this country’s
attitude toward unions…we need power…the ability to act, to influence,
to make a difference. And that kind of power comes from unity.” The NEA
might have three million or so members but the AFL-CIO represents more
than eleven million workers. That’s a lot of votes.
The silver lining is that teacher unions have fallen out of favor,
due in part to strong words from Obama and Duncan on the subject of
union resistance to the administration’s favorite education reforms. So
we probably won’t see any NEA-funded ads that close with “I’m Dennis Van
Roekel and I endorse this message.” And we probably won’t see more
money going to federal candidates. But we may see teachers’ unions turn
up the volume of the state-level funding spigot and we’ll probably see
them get even more involved in state and local reform battles.