An excellent new Yale Law Journal article by Stanford Prof. Michael McConnell. The abstract: The central flaw in the analysis of Citizens United by both the majority and the dissent was to treat it as a free speech case rather than a free press case. The right of a group to write and disseminate a […]
Archive | Restrictions on Campaign Contrbs. and Expenses
Does the original meaning of the First Amendment protect a right of privacy in campaign contributions?
By David Kopel on October 21, 2013 10:55 pm in Anonymity, Constitutional History, Constitutional Law, First Amendment, Originalism, Restrictions on Campaign Contrbs. and Expenses
My Independence Institute colleague Rob Natelson examines the question from an originalist perspective, in a new working paper published on SSRN. His analysis is summarized in this blog post on his website. In brief: political contributions are best analyzed as a form of Freedom of the Press. The Freedom of the Press includes the right […]
Is Money Speech?
The Federalist Society just released a 2½-minute video I wrote and narrated on this subject. (The video is part of a new Federalist Society project, and will likely be the first of many.) Many thanks to Ozymandias Media for its design work, and to Lee Otis, Tyler Lowe, and my coblogger Nick Rosenkranz for all […]
Corsi’s Life of Political Crime
By Jonathan H. Adler on September 8, 2013 11:30 am in Election Law, First Amendment, Restrictions on Campaign Contrbs. and Expenses
If you want to get together with friends to talk about politics, hear speakers on policy issues, and perhaps create a website promoting policy ideas, do you need to register as a political actin committee even if you don’t endorse candidates or get involved in elections? In Ohio the answer can be “yes,” as Ed […]
Return of the People’s Rights Amendment
By Ilya Somin on June 20, 2013 3:41 am in Constitutional Amendments, Constitutional Theory, First Amendment, Freedom of Speech, Restrictions on Campaign Contrbs. and Expenses
The Tester-Murphy Amendment, which Eugene Volokh criticizes here. appears to be virtually identical to last year’s People’s Rights Amendment. I outlined some of the dangers posed by the PRA in this post.
Corporate Speech Restrictions as “Protection” for Shareholders
One argument for restricting election-related speech by corporations is that it’s necessary to “protect” shareholders from having their money used to support candidates (or ballot measures) of which they disapprove. Many shareholders, the argument goes, might find it hard to sell their stock in corporations that express such support; indeed, they might find it hard […]
Sens. Tester & Murphy’s Constitutional Amendment Would Strip Rights from Corporate-Owned Newspapers, Advocacy Groups, Etc.
By Eugene Volokh on June 19, 2013 1:41 pm in Freedom of Speech, Restrictions on Campaign Contrbs. and Expenses
The Lachlan Markay (Washington Free Beacon) reports on the Tester/Murphy amendment, which would provide: Section 1. We the people who ordain and establish this Constitution intend the rights protected by this constitution to be the rights of natural persons. Section 2. The words people, person, or citizen as used in this Constitution do not include […]
Citizens United and the Fall of the Roman Republic
By Ilya Somin on November 27, 2012 7:49 pm in Election Law, Elections, First Amendment, Freedom of Speech, Restrictions on Campaign Contrbs. and Expenses
In a recent Slate article, Rob Goodman and Jimmy Soni claim that the history of the fall of the Roman Republic strengthens the case against the Supreme Court’s decision in Citizens United, which ruled that the First Amendment protects corporate and union political speech against restriction by government. The influence of money in politics, they […]
Alito on Citizens United
By Jonathan H. Adler on November 17, 2012 11:12 am in Freedom of Speech, Restrictions on Campaign Contrbs. and Expenses, Supreme Court
BLT reports that Justice Samuel Alito addressed criticisms of the Supreme Court’s Citzens United decision in a speech at the Federalist Society’s annual lawyers’ convention in Washington, D.C. on Thursday night. Alito said arguments can be made for overturning Citizens United, but not the popular one that boils down to one line: Corporations shouldn’t get […]
Upcoming Debate on Citizens United at Amherst College
By Ilya Somin on October 23, 2012 2:35 pm in Freedom of Speech, Restrictions on Campaign Contrbs. and Expenses
This Friday at 7:30 PM, I will be debating the Citizens United decision and campaign finance issues at my alma mater, Amherst College. The other participants in the debate will be Prof. Larry Lessig (Harvard Law School), John Samples (Cato Institute), and John Medaille (University of Dallas). I answered some common criticisms of Citizens United […]
Corporate Speech and Corporate Purposes
Here’s one argument I’ve heard with regard to Citizens United, most recently on this thread but also from others: Once upon a time, corporations were seen as having to announce a specific set of purposes in their charters — e.g., to make money by selling cheese — and couldn’t go outside those purposes. If only […]
ACS Panel on Citizens United
By Jonathan H. Adler on June 16, 2012 11:14 am in Election Law, First Amendment, Restrictions on Campaign Contrbs. and Expenses, Uncategorized
This morning I attended a panel at the American Constitution Society conference titled “Citizens United Two Years Later: Money, Politics and Democracy at Stake.” The panel was moderated by Democracy editor Michael Tomasky and featured University of Montana law professor Anthony Johnstone, Fordham law professor Zephyr Teachout, longtime campaign finance activist Fred Wertheimer, founder Democracy […]
Citizens United and the Wisconsin Recall
By Jonathan H. Adler on June 12, 2012 7:42 am in Elections, First Amendment, Restrictions on Campaign Contrbs. and Expenses
In yesterday’s WSJ, Stanford’s Michael McConnell explained why progressives should not blame the Supreme Court’s Citizens United for Governor Walker’s victory over the union-backed recall effort. If anything, Citizens United helped those trying to oust the controversial governor, as unions put far more money into the recall election than did corporations. Governor Walker may have […]
The Potential Impact of the People’s Rights Amendment Goes Far Beyond Restricting Freedom of Speech
By Ilya Somin on April 26, 2012 10:22 pm in Constitutional Amendments, Constitutional Law, Constitutional Theory, Freedom of Speech, Restrictions on Campaign Contrbs. and Expenses
Co-blogger Eugene Volokh has an excellent post on how the proposed People’s Rights Amendment threatens freedom of speech. But it’s important to recognize that the proposal goes far beyond denying free speech rights to entities organized as corporations. It would deny them all other constitutional rights as well. Section 1 of the proposed amendment states […]
The “People’s Rights Amendment” and the Media
I blogged last week about the People’s Rights Amendment, which has been introduced by Congressman Jim McGovern. Among other things, I argued, the Amendment would mean that Congress and state and local legislatures would be free to restrict what’s printed by newspapers that are organized as corporations. The National Review Online took the same view. […]