End Citizens United (ECU) has filed a complaint with the Federal Elections Commission (FEC) arguing that “that the resources X Corp. owner [formerly known as Twitter Inc.] Elon Musk dedicated to hosting Donald Trump for a campaign event was an impermissible corporate in-kind contribution that violated campaign finance laws.”
[I]t was a blatantly illegal corporate contribution to Donald Trump’s campaign,” said End Citizens United President Tiffany Muller. “This brazen corporate contribution undermines campaign finance laws and would set a dangerous precedent for unfettered, direct corporate engagement in campaigns. The FEC must investigate this corporate-funded campaign event and hold Trump, his campaign, and X Corp. accountable.”
Corporations cannot make financial contributions to federal political candidates, according to the Federal Election Campaign Act of 1971.
Elon Musk and X/Twitter hosted a live event this week, a “conversation” between Musk and Trump. Musk “express[ed] … support [for] the Trump Campaign.” Employees “were assigned to facilitate, monitor, and in real time fix the technical issues with the livestream event.” This “brazen corporate contribution undermines the anti-corruption aims of the Act,” according to the ECU media statement.
ECU, a political action committee, argues that X/Twitter is not a news organization and thus is not exempt from FEC oversight as a “press entity.”
Moreover, X claims immunity under Section 230 of the Communications Decency Act as a provider of an “interactive computer service.” This law shields such providers from being treated as a “publisher or speaker of any information” posted on their service by a third party and therefore liable for its content.
If X gets the benefit of not being treated as the “publisher or speaker” under the Communications Decency Act for information generally posted on its site, it cannot also claim the benefit of the press exemption for the Trump Campaign material it publishes using corporate resources…
Because X spent considerable resources to host an event to expressly advocate for Trump and was not entitled to the press exemption for that event, Respondents have violated the ban on giving and receiving corporation contributions.
Respondents appear to have violated federal law by accepting and making a corporate contribution. I respectfully request that the Commission immediately investigate these violations, fine Respondents the maximum amount permitted by law, and enjoin Respondents from further violations of the law.
The event was marred by technical difficulties.
Donald Trump‘s livestream with Elon Musk on X Spaces failed before it even began.
Story: https://t.co/gVpHlJCN2r pic.twitter.com/QVs68YbUeK
— Rolling Stone (@RollingStone) August 13, 2024
Backstory: In 2010, the Supreme Court ruled in ‘Citizens United v. Federal Election Commission’ “that corporations and other outside groups can spend unlimited money on elections.” However, that spending cannot be ‘coordinated’ with political campaigns.
The X/Twitter event was clearly coordinated and jointly promoted.
Will the FEC act quickly? Doubtful.
Will a negative ruling be appealed? Absolutely.
Known for gnawing at complex questions like a terrier with a bone. Digital evangelist, writer, teacher. Transplanted Southerner; teach newbies to ride motorcycles. @kegill (Twitter and Mastodon.social); wiredpen.com