This November 19 New York Times editorial attempts to explain why the Times feels that some corporations should be free to spend money discussing candidates for federal office, but other corporations should not be free to do that. But the obvious question not answered in the editorial is “Who or what is press?” The New York Times seems to feel that it there is a clear line between press corporations and other corporations, but that is no such clear line.

Scholars find that when the First Amendment was written, “press” didn’t mean a certain category of businesses; it meant anyone who disseminates information via the printed page. Thanks to Rick Hasen for the link.

Professor Allan Mazur has this op-ed in the Syracuse Post-Standard, suggesting that the Green Party nominee in New York’s U.S. House 24th district helped the Democratic nominee to win. Mazur is a Professor of Public Affairs at Syracuse University, and is a sociologist and an engineer. The Green Party nominee, Ursula Rozum, got publicity when she learned that she had received campaign donations from a wealthy individual whose has also spent generously to help Republican candidates win. Rozum donated all the contributions from him to various charities and good-government groups.

Mazur’s conclusions are based on an anlysis of the election returns, although he acknowledges that an exit poll would provide better evidence. The conclusions drawn in this race are consistent with the psychological experiments described in the book “Predictably Irrational”, about how individuals decide among three competing choices. The data is also consistent with Political Scientist Samuel Lubell’s findings about the 1948 presidential election, that Henry Wallace helped Harry Truman. And that data is also consistent with evidence from the 2004 election concerning voters who voted for Ralph Nader.

Americans Elect is a 501(c)(4) corporation. Federal tax laws say that a 501(c)(4) organization is a “civic league, social welfare organization, or a local association of employees.” A 501(c)(4) may participate in political campaigns and elections, as long as its primary activity is the promotion of social welfare. A 501(c)(4) need not make public a list of individuals who donate to it.

These organizations are required to fill out a 12-page form, called Form 990, and this form must be available for public inspection. The form asks for a description of the organization’s mission or most significant activities, and an accounting of income and expenditures.

Jim Cook, of the blog Irregular Times, is a journalist who has been covering Americans Elect since it was founded. Here he describes his efforts to see the latest Form 990 for Americans Elect, the form for calendar year 2011.