The American Legislative Exchange Council once faced a backlash for its support of Stand Your Ground and voter ID laws, losing Coca-Cola and Kraft as members. Now the advocacy group is working with companies such as Google, Facebook, and Yelp, and taking more civil libertarian stances on technology issues than it has in the past.
ALEC, which holds conferences at which state legislators and corporations work together to draft model laws on issues that affect corporate interests, has been reaching out to Silicon Valley. At an ALEC meeting in Chicago last week, Yelp’s director of public policy, Luther Lowe, delivered a presentation to ALEC’s civil justice task force urging the group to consider adopting model legislation on strategic lawsuits against public participation, or SLAPPs. If approved, the anti-SLAPP policy would have to be ratified by ALEC’s communications and technology task force, which includes representatives from Google, Facebook, Microsoft, and Yahoo. (The first two companies have not previously been reported to be involved with ALEC and have not responded to requests for comment.)
None of these companies were represented on the task force as recently as 2010 (PDF). ALEC member companies pay annual dues and can sit on task forces where they can propose, debate, and vote on model bills with state legislators. Once approved by ALEC, the model legislation is introduced and often passed in statehouses across the country.
A SLAPP lawsuit like the one in Yelp’s presentation is brought, usually under defamation law, to intimidate a party making a statement. Rarely does the lawsuit have the legal grounds to succeed on its own merits, but it is used to make standing by a statement too difficult and expensive for a respondent. It has become a particular issue for online review websites.
The deal has prompted criticism:
The most memorable moment I have in my political life, by far, is leaving the Maine House in tears, stunned that the majority party had repealed four decades of Election Day Registration – all so they could win elections. It was the moment when I truly questioned whether our democracy would survive, or whether people were even listening.
We had been blindsided by the sudden and unexpected onslaught of anti-voter rhetoric. OpEds and FAQ sheets circulated faster than we could imagine. Those of us fighting the bill in the Legislature were outmaneuvered even when we exposed the hypocrisy and even lies that were being put before us. For every legislative aid in Maine, there are about ten to twelve lawmakers – so how was such a coordinated push even possible? We couldn’t catch up, let alone respond.
Thankfully, the people were listening. In fact, it was the people of Maine who restored my faith in our future. One by one, they picked up petitions and in under a month had collected enough signatures to put the question to the ballot. On Election Day, 60 percent of Mainers resoundingly voted to protect the voting rights for themselves, their neighbors and even students.
But where did this even come from? This was four decades of sacred ground, upended overnight with a well-coordinated legislative and public relations offensive.
The source, it turns out, was the American Legislative Exchange Council (ALEC). While our registration laws were under attack in Maine, a chorus of cries began to erupt from across the country as newly red states pushed restrictive voter ID bills effectively disenfranchising voters. At one point, the Brennan Center estimated 5 million people would be left behind under the new laws. It was only when Ari Berman outlined what was happening in his Rolling Stone article, “The GOP War on Voting,” did the tide finally begin to change – and the truth finally get told.
We now know, of course, that it’s not just voter rights that ALEC had set its sights on. They were pushing the castle doctrine and Stand Your Ground laws; rollbacks to environmental protections; opposition to women’s rights; anti-worker legislation and the list goes on. They worked with the GOP to effectively gut Maine’s model public campaign financing laws – enacted by the people through referendum – that open doors for good people to run for office, devoid of the potential for quid-pro-quo donations. Citizens are again picking up pens to put Clean Elections back on the ballot and to restore it.
In the wake of the Trayvon Martin shooting, people and companies began piecing together the connection between castle doctrines and voter suppression – and the blatant racial bias inherent in both. Under unprecedented pressure from the public, companies began canceling their ALEC memberships. ALEC, itself, even dismembered its notorious task force that tied public safety with voter laws, formerly chaired by the NRA. (Yes, the NRA actually chaired the committee that approved the vigilante and voter registration model bills.)
Flash forward a bit, and it turns out tech companies such as Yelp are now partnering with ALEC. Let’s set aside the intelligence of climbing on board the Titanic after even the rats have left, and analyze their rationale for a moment.
Yelp, a highly popular online consumer review company, has stated that its support is related specifically to so-called SLAPP legislation which uses lawsuits to effectively undermine free speech. If consumers write negative reviews about a company and then are “slapped” with a frivolous lawsuit, they might become less inclined to write said reviews. In legal terms, this is known as “chilling speech.” On the point of protecting Free Speech in this one legal area, Yelp and ALEC agree. Working with the other side is just part of politics, right?