Posts Tagged ‘campaign regulation’

Free speech roundup

California AG Kamala Harris demands donor list of a 501 (c) (3)

That raises the possibility of later disclosure of the information, retaliation against donors, or both; whether it’s unusual enough for the U.S. Supreme Court to step in to stop it remains to be seen. Harris’s target and adversary in the resulting suit, by coincidence or otherwise, is the “Center for Competitive Politics, a vigorous supporter of political free-speech rights that does not get involved in election campaigns” but does speak out strongly about the First Amendment implications of campaign regulation; we’ve often cited its work and that of its founder, Brad Smith. [Lyle Denniston, SCOTUSBlog; Instapundit, citing “Supreme Court’s 1958 decision in NAACP v. Alabama, in which the Court unanimously protected the NAACP’s membership lists against compelled disclosure to Alabama officials.”]

Free speech roundup

  • Yikes: Granby, Quebec, “moves to fine people insulting police on social media” [CBC]
  • “Plaintiffs in foreign ‘hate speech’ lawsuit seeking to subpoena records from U.S. service providers” [Eugene Volokh] Visa for Dutch politician Geert Wilders aside, Reps. Keith Ellison and André Carson imply they’d like to limit speech for Americans too [same]
  • “Why The D.C. Circuit’s Anti-SLAPP Ruling Is Important” [Popehat]
  • Federal court strikes down Pennsylvania law allowing “re-victimization” suits for “renewed anguish” against convicts who speak about their crimes [Volokh, earlier]
  • How different are judges? Williams-Yulee v. Florida Bar marks an exception in Court’s preference for speech over regulation in campaign cases [SCOTUSBlog symposium, Elizabeth Price Foley/Instapundit, Daniel Fisher, Ilya Shapiro, our coverage of judicial elections]
  • “New Jersey’s Sensitive Victim Bias Crime Unconstitutional” [Scott Greenfield]
  • Amazing: Wisconsin John Doe prosecutor suggests criminally charging Gov. Scott Walker over remarks critical of probe [Journal-Sentinel, Volokh; more at Cato, Roger Pilon and Tim Lynch; earlier from me here, etc.]

Free speech roundup

  • Pennsylvania has passed that grotesque new law seeking to muzzle convicts from discussing crimes when “mental anguish” to victims could result. Time for courts to strike it down [Radley Balko, earlier]
  • “First Amendment challenge to broad gag order on family court litigants” [Eugene Volokh]
  • Federally funded Indiana U. program to monitor political opinion on Twitter didn’t much like being monitored itself by critics [Free Beacon, earlier (project “intensely if covertly political”)]
  • Holocaust denial laws abridge the freedom of speech. Do they even accomplish their own aims? [Sam Schulman, Weekly Standard]
  • Is it defamatory to call someone a “censorious a**hat”? [Adam Steinbaugh, Eric Turkewitz, earlier on Roca Labs case]
  • We should take up a collection to translate Voltaire into French [Reason, Huffington Post on Dieudonne case, yesterday on talk of “Fox maligned Paris” suit]
  • Some would-be speech suppressers upset over Citizens United ruling also quite happy to drown out Justices’ speech [Mark Walsh, SCOTUSBlog] “Campaign finance censors lose debate to Reddit” [Trevor Burrus] Citizens United “probably the most misunderstood case in modern legal history.” [Ilya Shapiro]

Free speech and free expression roundup

  • Boss Tweed, in legend, railing against cartoonists: “I don’t care so much what the papers write about — my constituents can’t read — but damn it, they can see pictures.” [David Boaz, Cato] “Jyllands-Posten Not Reprinting Charlie Hebdo Mohammed Cartoons Because ‘Violence Works'” [Ed Krayewski, Reason]
  • “Police Scotland will thoroughly investigate any reports of offensive or criminal behaviour online and anyone found to be responsible will be robustly dealt with.” That includes TV personalities’ tweets disparaging to Glasgow [BBC, Alex Massie/Spectator, Elizabeth Nolan Brown] More: Calls mount for repeal of Australia Section 18C speech-crime law, which would ban the French magazine Charlie Hebdo if someone tried to publish it down there [Australian, Sydney Morning Herald, earlier on Andrew Bolt case]
  • “Hate speech” concept got rolling when Stalin used it as weapon against democracies [Jacob Mchangama, Hoover, a while back] More on history of speechcrime: antebellum North (not just South) repressed abolitionist opinion, and how the great Macaulay erred on blasphemy law under the Raj [Sam Schulman, Weekly Standard, also a while back]
  • “Campaign Finance Laws Don’t Clean Up Politics, But Do Erode Our Freedom” [George Leef, Forbes]
  • In case against personal injury lawyer/legal blogger Eric Turkewitz, court rules that critical commentary about medical examiner is protected opinion [Turkewitz, Daniel Fisher/Forbes, Tim Cushing/TechDirt]
  • “It is unusual for Swedish courts to hand out prison terms for art works.” [The Guardian on Dan Park case]
  • Australian man arrested after loitering around campaigners of incumbent political party wearing “I’m with stupid” T-shirt [Guardian]

Free speech roundup

George Will: the Wisconsin John Doe raids and the system’s legitimacy

George Will, hard-hitting but on target, on what happened to people who took the wrong side of the Wisconsin public-employee wars:

The early-morning paramilitary-style raids on citizens’ homes were conducted by law enforcement officers, sometimes wearing bulletproof vests and lugging battering rams, pounding on doors and issuing threats. Spouses were separated as the police seized computers, including those of children still in pajamas. Clothes drawers, including the children’s, were ransacked, cellphones were confiscated and the citizens were told that it would be a crime to tell anyone of the raids.

Earlier on the Wisconsin John Doe raids, including this Cato piece. More Will:

Chisholm’s aim — to have a chilling effect on conservative speech — has been achieved by bombarding Walker supporters with raids and subpoenas: Instead of raising money to disseminate their political speech, conservative individuals and groups, harassed and intimidated, have gone into a defensive crouch, raising little money and spending much money on defensive litigation. Liberal groups have not been targeted for their activities that are indistinguishable from those of their conservative counterparts.

Such misbehavior takes a toll on something that already is in short supply: belief in government’s legitimacy. The federal government’s most intrusive and potentially punitive institution, the IRS, unquestionably worked for Barack Obama’s reelection by suppressing activities by conservative groups. … Would the race between Walker and Democrat Mary Burke be as close as it is if a process susceptible to abuse had not been so flagrantly abused to silence groups on one side of Wisconsin’s debate? Surely not.

Much more than Citizens United

This week forty-eight senators are seeking to amend the Bill of Rights so as to give the government more power to control campaign speech. While some advocates pretend that the effect of the amendment would “only” be to overturn the Supreme Court’s decision in Citizens United, it would actually go a good bit farther than that. [Jacob Sullum, Reason; George Will; Trevor Burrus at Forbes (“political stunt,” yet “terrifying”); related, David Boaz]

Concur: ACLU. Update: measure fails.