Posts tagged as:

campaign regulation

  • SCOTUS to hear case of Susan B. Anthony List v. Driehaus, First Amendment challenge to state laws regulating truth of political speech [IJ/Cato amicus cert brief]
  • Groups of law professors file amicus briefs in Halliburton Co. v. Erica P. John Fund, Inc. arguing that retreat from “fraud on the market” theory is consistent with modern scholarship on capital market efficiency [John Elwood] and sound statutory construction [Elwood, Bainbridge]
  • Behind the Michigan affirmative action plan in Schuette, including colorful background of litigant BAMN (“By Any Means Necessary”) [Gail Heriot, Federalist Society "Engage"]
  • Court dismisses Mulhall v. UNITE HERE (challenge to employer cooperation agreement with union as “thing of value”) as improvidently granted [Jack Goldsmith, On Labor, earlier]
  • Affordable Care Act saga has taken toll on rule of law [Timothy and Christina Sandefur, Regulation]
  • Lol-worthy new Twitter account, @clickbaitSCOTUS, with content like “The nine words no appellate advocate wants to read” [re: Madigan v. Levin]
  • Drug War vs. Constitution at Supreme Court, 1928: Drug War won by only one vote and you might not predict who wrote the most impassioned dissent [my Cato post]

Details are all over; D’Souza, a well-known conservative commentator, is the author of a book criticizing President Obama in particularly harsh terms. Here’s what happened after a big-league trial lawyer got caught donating in others’ names to John Edwards in 2004 (“slap on wrist“). More: Ken White, Popehat; Ann Althouse.

Further: Alison Frankel at Reuters on how laundering/straw donor charges are brought “surprisingly frequently” with less than clear patterns of who gets off with civil settlements and who gets indicted (& thanks for cite).

And more: I didn’t do as good a job of explaining the link to our 2006 post as I might, and some readers have misinterpreted it. As reported there, the John Edwards campaign paid only a $9,500 civil fine for accepting the illegal contributions. The lawyer and law firm that arranged the donations paid a larger fine of $50,000, several times the size of the offending contributions, in a civil (not criminal) penalty.

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Free speech roundup

by Walter Olson on November 7, 2013

  • Arizona water utility sues customer over criticism [Popehat, which also has a free-speech-themed Blawg Review tribute and the year in blasphemy law]
  • Harvey Silverglate, “The Slow Death of Free Speech at Harvard” [Minding the Campus] Cato’s Free Speech Week coverage includes video of recent Jonathan Rauch panel [Tim Lynch]
  • Arrest warrant issued after Connecticut man tells Facebook readers he plans to take toy guns into school to prove point [Volokh]
  • In Florida, it’s illegal for two or more people to join together and spend more than $500 on a state ballot issue [Ilya Shapiro; Jacob Sullum on other grassroots-activist chill effects] Brad Smith on the fight at the Supreme Court between Shaun McCutcheon and the FEC [WSJ]
  • “Florida Condo Developer Sues Residents Over Website” [IJ]
  • Lawmaker to introduce anti-SLAPP bill to curb vexatious plaintiffs in Pennsylvania, and no state needs it more [Philly Law Blog; cf. Michigan which also could use a hand]
  • Will measures to criminalize revenge porn erode Section 230, the provision that shelters online media operators from liability for user-added content? [Mark Bennett, Scott Greenfield] At European Court for Human Rights, notice-and-takedown policy not enough to insulate Estonian website from liability for racist user comments [Stanford CIS]

Free speech roundup

by Walter Olson on October 3, 2013

  • University of Montana professors who refuse Title IX training to be reported to federal government [FIRE, more, Missoulian] Professor yanked from public-university classroom over offensive out-of-class tweet [Popehat, Peter Bonilla/FIRE]
  • Preacher/historical fantasist/horrible human being Scott Lively has probably accomplished more actual evil in life than the picketers of the Westboro Baptist Church, yet it raises disturbing First Amendment questions to let him be sued in U.S. court for having urged foreign governments to be more oppressive [NBC News]
  • Speaking of wacky preachers, Florida sheriff says Terry Jones arrested for unlawful fuel transport and open gun carry, not because anyone disagreed with his speech [Orlando Sentinel, Volokh]
  • Critical speech annoys elected officials and that’s one reason we keep having to fight about campaign regulation [Barton Hinkle, Brad Smith on McCutcheon case, Ilya Shapiro on Susan B. Anthony List v. Driehaus]
  • Minnesota: “Ban on ‘Advis[ing or] Encourag[ing] … Another’ to Commit Suicide Violates First Amendment” [Eugene Volokh] Pennsylvania: “Crime to ‘Disparag[e]‘ an Under-18-Year-Old ‘With Intent to Harass’?” [same] Liking Facebook page presumptively protected speech [same] Veto override fails, so Missouri won’t enact proposed ban on publishing names of gun owners or concealed carry permit holders [same, followup]
  • Danish-Iranian artist convicted of “racism” after critical comments re: Muslim men [Copenhagen Post via @ClaudiaHajian]

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“… is to allow citizens to monitor government, not to allow government to monitor citizens.” — Center for Competitive Politics on Sen. Dick Durbin’s demand that private donors provide information about their involvement with the American Legislative Exchange Council, an organization for state legislators, and with the issue of “stand your ground” self-defense law.

“Is Money Speech?”

by Walter Olson on September 12, 2013


Eugene Volokh in a Federalist Society video on campaign regulation and the First Amendment. A dissent: Scott Greenfield.

P.S. Beware of setting up a state-level group to promote controversial views on issues, even if promoting candidates is not your primary purpose [Adler on cert petition in Corsi v. Ohio Elections Commission]

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Free speech roundup

by Walter Olson on July 31, 2013

  • “Bryon Farmer of the Blackfeet Tribe Jailed For Talking About Corruption In Tribal Government” [Ken at Popehat] “Popehat Signal: Vengeful AIDS Denialist Sues Critic In Texas” [same]
  • Persons with federal government contracts can’t give to federal candidates or parties. Too broad? [Ilya Shapiro and Trevor Burrus, Cato]
  • “Together at last! ‘Some US conservatives laud Russia’s anti-gay bill.'” [@jon_rauch on Associated Press re: "propaganda" measure]
  • More on Second Circuit decision ruling scientific conclusions akin to protected opinion for defamation purposes [Digital Media Law Project, earlier]
  • San Antonio bars appointment to its city boards and commissions of anyone who has ever said anything demonstrating bias “against any person, group or organization on the basis of race” or various other protected categories [Eugene Volokh]
  • Cincinnati Bengals cheerleader wins defamation suit holding gossip site operator liable for user comments [Sporting News] Michigan: “Ionia newspaper editor files defamation suit against critics” [MLive, Popehat with a critical view, update at Popehat following dismissal]
  • “Hate speech” at issue: “Twitter releases users’ identities to French authorities after tough legal battles.” [JOLT]

“Attention, liberals: The ACLU wouldn’t be able to sue the NSA if it weren’t for Citizens United.” [Wendy Kaminer, The Atlantic]

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They “propose giving Congress unchecked new power over spending on political speech” [John Samples, Cato Policy Analysis] More on Citizens United here, here, here (Democrats’ platform), here, here (Michael Kinsley: case was “correctly decided”), here, here, here (Wendy Kaminer), here, here, here, here (unions as beneficiaries), even more, and on the “corporations aren’t people” sound bite and related rights-abolishing proposals, here, here, here, and here.

P.S. Self-recommending: forthcoming Michael McConnell in YLJ on Citizens United.

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Brad Smith on how Woodrow Wilson and Henry Ford used early versions of campaign finance law to settle scores with Michigan opponent Truman Newberry [Law and Liberty]

Free speech roundup

by Walter Olson on December 20, 2012

  • Did U.K. high official use pending Leveson press inquiry to browbeat newspaper? [Telegraph via Volokh]
  • Canadian blogger sued over speech by Richard Warman has a legal defense fund [Blazing Cat Fur via Instapundit, 2010 Mark Steyn]
  • “Introduction To Irony: Or, How To Take A Joke 10″ [Wendy Kaminer, WBUR]
  • Meat industry ex-employee sues blogger who led “pink slime” campaign [Popehat, Lunch Tray/Bettina Siegel]
  • 1958 ordinance still on books in Ormond Beach, Fla. prohibits distribution of publications “belittling the traditional American institutions or folkways” [Volokh]
  • “We have to concede” a rhesus monkey could not beat Mme. Taitz in court battle [Lowering the Bar]
  • Common Cause vs. First-Amendment-protected political speech, part umpteen [Hans Bader, CEI]

Great moments in international human rights: “United Nations-affiliated election monitors from Europe and central Asia will be at polling places around the U.S. looking for voter suppression activities by conservative groups … Liberal-leaning civil rights groups met with representatives from the OSCE this week.” OSCE stands for “Organization for Security and Cooperation in Europe (OSCE), a United Nations partner on democratization and human rights projects.” [Alexander Bolton, The Hill]

More: Julian Ku writes that although the OSCE is transnational, it is not “U.N.-affiliated,” and notes that contrary to some speculation, the observers’ appearance was unrelated to a separate request to the U.N. by the NAACP asking it to regulate voting methods in the U.S.

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…take note of what labor unions are doing on the Michigan ballot [Emilio Rocca/CEI, earlier] More: Shikha Dalmia, WSJ.

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“Liberals ought to show the chief justice that we too can acknowledge a principle even when we don’t agree with the result.” [LA Times] Given how execrated the Citizens United decision is on the left, should we expect it to cause a rift in the ACLU, which supports it? [Wasserman, Prawfs]

Free speech roundup

by Walter Olson on May 25, 2012

  • Boilermaker union president resorts to litigation against satirical site [Levy; another case on demands for disclosure of anonymous commenters] More on ghastly NY bill to strip protection from anonymous online speech [David Kravets/Wired, Daily Caller, my take]
  • Defending people like Aaron Worthing and Patterico shouldn’t be a left-right matter [Popehat, Tapscott/Examiner, earlier] Maryland and indeed all states need stronger statutory protection against vexatious litigants [Ace of Spades] And as a longtime Charles Schwab customer I was at first distressed to find the Schwab Charitable Fund on this list, but since the fund is billed as “donor-advised” I take it some Schwab customer rather than the company itself got to choose the beneficiary;
  • “Indonesia Prosecution for Posting ‘God Doesn’t Exist’ on Facebook” [Volokh] Curious to see an argument for Euro-style hate speech laws appearing on the Liberty and Law site [David Conway]
  • “Cyberbullying and Bullying Used As Pretexts for Censorship” [Bader]
  • “EEOC: Wearing Confederate Flag T-Shirts May Be ‘Hostile Work Environment Harassment'” [Volokh, more, Bader]
  • Video on new freedom of assembly book [FedSoc]
  • Maybe Citizens United turned out so badly for the speech-suppressive side because a government lawyer was imprudently candid before the Court [Jacob Sullum, earlier on Toobin New Yorker piece]

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Must-read Mark Steyn: “Edwards now faces 30 years in jail, for the crime of getting a couple of pals to pay for his baby’s diapers. For purposes of comparison, Anders Breivik murdered 77 people and is looking at 21 years in jail, the maximum sentence permitted under Norwegian law.” Contra: Hans von Spakovsky argues that the prosecutors’ argument is not such a stretch. And Beldar predicts the issue on which the jury’s verdict may turn. Earlier here, here, etc.

Ed Whelan charges the New Yorker’s Jeffrey Toobin with spinning the history of the First Amendment campaign regulation case [first, second, followup] Tom Goldstein at SCOTUSBlog, while sympathetic to Toobin’s overall project, also takes issue with him at numerous points. More: Adam White, Weekly Standard; Sam Bagenstos (what is supposed to have been so devious about Roberts’ handling of the case?); Howard Wasserman (why does Citizens United get singled out for demonization from among the several Court opinions pointing the same way?).

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April 16 roundup

by Walter Olson on April 16, 2012

  • Although I’m known as a foe of everything John Edwards stands for, I hope he beats this campaign finance rap [Atlantic Wire]
  • Michael Bloomberg launches demagogic new campaign against Stand Your Ground laws, calling to mind the recent critique of the NYC mayor’s paternalist dark side by Conor Friedersdorf in the Atlantic;
  • Jerry Brown frees grandmother dubiously jailed in shaken-baby death [Slate, earlier]
  • As Scruggs (Dickey not Earl) still pursues vindication, Alan Lange looks back on Mississippi scandals [YallPolitics]
  • Deservedly favorable profile of Fifth Circuit judge Jerry Smith [NOLA]
  • In which I tell off Bill Donohue’s Catholic League for its double insult last week to gays and to adoptive parents [IGF]
  • “The Ninth Circuit was, believe it or not, correct” [Ilya Shapiro and Trevor Burrus, Cato, on administrative law case arising from NLRB rules change on drug rep overtime]

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