Election Law

  • FAN 30.1 (First Amendment News) Six former ACLU leaders contest group’s 1st Amendment position on campaign finance — ACLU’s Legislative Director responds

    → The history of campaign finance regulation demonstrates the need to erect sturdy safeguards for free speech. — ACLU amicus brief, Citizens United v. FEC, July 29, 2009 → Any rule that requires the government to determine what political speech is legitimate and how much political speech is appropriate is difficult to reconcile with the First Amendment.

    13 readers - Ronald K.L. Collins/ Concurring Opinions
  • FAN 31 (First Amendment News): “Freedom from Speech” — a timely broadside

    “This is a surreal time for freedom of speech.” He is a First Amendment activist / he likes his freedom robust / he refuses to leave censorial speech codes alone / and he is making a real difference in safeguarding free speech in America (see, e.g., here).

    14 readers - Ronald K.L. Collins/ Concurring Opinions
    + 3 more Links.
    • Morning Docket: 09.12.14

      Oscar Pistorius * Following the divisive decision in Shelby County v. Holder, voting rights cases may be heading back to the SCOTUS sooner than we thought. Thanks, Texas and Wisconsin. [USA Today] * Bienvenidos a Miami? Cities compete to be designated as sites where global arbitration matters are heard. Miami is an up-and-comer, but New York is king.
      5 readers - Staci Zaretsky/ Above the Law

    The latest about Election Law

    • What’s the irreparable injury to Wisconsin?

      …As Rick Hasen covers in detail, today the Seventh Circuit issued opinions explaining its recent 5-5 division over whether to stay an injunction against Wisconsin’s voter ID law. There’s a per curiam opinion by the panel, ruling for the state (i.e., staying the injunction of the law), and a dissent from the denial of rehearing en banc by five…

      2 readers - Will Baude/ The Volokh Conspiracy
    • Why Do Conservative Justices Hate Voters?

      …Every law talkin’ guy is weighing in on the Supreme Court’s decision to restrict early voting in Ohio. The decision broke down 5-4, along predictable party lines. The same five justices who gave corporations a blank check to buy elections, the same five justices who decided to declare racism over in the South, decided to stay the restriction…

      3 readers - Above the Law
    • Supreme Court stays injunction against changes in Ohio voting rules

      … of nighttime early voting. Here are early reports from SCOTUSBlog, the Columbus Dispatch and the Post’s Robert Barnes. At Election Law Blog, Rick Hasen comments: while the Court did not offer a reason for its order today, it is very likely that the conservative Supreme Court majority did not believe in the very expansive views of equal protection…

      2 readers - Jonathan H. Adler/ The Volokh Conspiracy
    • Morning Docket: 09.29.14

      …She’s not a porn star, she’s a law student. We could see where you might be confused by that one. * Now that we know Eric Holder is resigning, there’s been speculation as to where he’ll go next. The obvious choice is a return to Covington & Burling, but he could still surprise everyone. [National Law Journal] * “Judicial campaign cash…

      2 readers - Staci Zaretsky/ Above the Law
    • Morning Docket: 09.24.14

      …Dinesh D’Souza * The United States is launching air strikes against ISIS in Syria and Iraq, but some have been compelled to wonder whether it’s legal under international law. Of course it’s legal, under the Rule of ‘MERICA, F*CK YEAH! [BBC] * Dewey know whether this failed firm’s former COO can get out of paying $9.3M to its bankruptcy trustee…

      2 readers - Staci Zaretsky/ Above the Law
    • FAN 33 (First Amendment News) What is a PAC? The next big issue?

      … elections), Administrative Law Section of the D.C. Bar, 2014 Harold Leventhal Lecture, Sept, 12, 2014 (hat tip to Josh Blackman) → William Baude, “Is there a right to contribute to out-of-state elections?,” Volokh Conspiracy, Sept. 22, 2014 Erin Murphy @ Heritage event on Campaign Finance Laws (on C-SPAN — go here) Editorials, Op-eds, Q &…

      5 readers - Ronald K.L. Collins/ Concurring Opinions
      + 6 more links.
    • Constitution Day Special: Our Favorite Unheralded Amendments

      … read a lot of constitutions (3L Comparative Constitutional Law finally paying off), and I’m always impressed by our document’s ability to allow for so many different and fractious opinions on how the country should operate. Whether or not you believe in a “living” constitution in the Brandies sense of the word, that our constitution is still alive…

      1 readers - Above the Law
    • Non-Sequiturs: 09.17.14

      …* Law student sends naked selfie to her father. Hilarity ensues. [Inside Edition] * “Is insider trading bad?” Asking for a friend. [The Atlantic] * Judge catches law firm cheating on the page limit. Apparently, Judge Carl Barbier was well-versed in the “slightly less than double-spaced” trick. [NPR] * What’s the matter with (statutory…

      2 readers - Joe Patrice/ Above the Law
    • 31.1 (First Amendment News) Proposed amendment to 1st Amendment fails — A brief history of it all

      ….’ And it would have been even more revealing, and at least as accurate, to have said that it relates to limiting speech intended to affect elections. And that’s the core problem with it. It is intended to limit speech about elections and it would do just that. . . . There were also other proposed amendments, including one proposed by Harvard Law…

      1 readers - Ronald K.L. Collins/ Concurring Opinions
    • Morning Docket: 09.12.14

      … is king. [DealBook / New York Times] * Thanks to anonymous donors, the reward for info related to FSU Law Professor Dan Markel’s murder has been raised to $25,000. Not a single suspect has been named since his death. [Tallahassee Democrat] * After losing the Democratic primary to Gov. Andrew Cuomo, Professor Zephyr Teachout drank some gin and tonics…

      5 readers - Staci Zaretsky/ Above the Law
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