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On the Regulation of Corporate Political Speech

Election Law Society · January 27, 2010 ·

This article was originally posted November 16th, 2009 on the blog of the William and Mary Chapter of  the American Constitution Society.  It is reposted with the permission of ACS and the author, Professor Alan Meese.

The Blog of the William and Mary Chapter of the American Constitution Society recently posted an article reporting on and summarizing William Van Alstyne’s November 11 lecture regarding Citizens United v. Federal Election Commission, currently pending before the Supreme Court. At the end of the last term, the Court ordered reargument in the case, asking the parties corporate speechto address whether, for instance, the Federal Government may, consistent with the First Amendment, ban speech by Corporations in support of or in opposition to a particular political candidate. The Court first approved such a ban in Austin v. Michigan Chamber of Commerce, 494 U.S. 652 (1990), in a 6-3 decision. Two justices presently on the Court dissented: Justice Kennedy and Justice Scalia. (Justice O’Connor, it should be noted, joined Justice Kennedy’s dissent).

Among other things, the ACS article summarizes the case for stringent regulation of corporate speech as such:

“Generally speaking, the campaign reform acts were put into place to prevent large commercial corporations from being able to contribute a large, disproportionate amount of money towards a particular campaign under the idea that such a contribution would make the democratic process less pure. Another reason why the campaign reform statutes were enacted was the fact that people purchase stocks from a corporation to further their own economic interest – not to make a political statement. The Supreme Court has upheld these campaign reform acts in the past, finding that a commercial corporation contributing money from its treasury to a candidate comes too close to bribery.” [Read more…] about On the Regulation of Corporate Political Speech

Citizens United Compendium

Election Law Society · January 27, 2010 ·

-Given the importance of the Citizens United decision, State of Elections has created this compendium of links.  Here is the complete 180+ page opinion, and a transcript of the oral arguments.

-From the Huffington Post, Joseph Palermo fears that corporations will “implant their servants at every level of municipal, state, and federal government”.   Not to be outdone, Adam McKay calls the decision “assaultive and destructive to the welfare of our democracy”.

-In contrast, David Kirkpatrick at the New York Times argues that the decision will have little impact, and is not likely to result in significantly more political corruption.   The online version of the New York Times also contains this sympathetic examination of Justice Stevens and his 90 page dissent.

-Politico, of course, has a number of articles about the decision.  They posted this analysis of the White House’s response, and a brief look at the possible role of foreign money in post Citizens United elections.  For a general overview of the decision, look at this article.  For a collection of opinions on the decision, go here.

-In the aftermath of Citizens United, The Colorado Republican party is considering a lawsuit to overturn state limits on corporate and union expenses.

-Slate has posted many articles about Citizens United, including this criticism of the opinion by Rick Hasen, and this counter argument by Nathanial Persily that the decision really doesn’t change much at all.

– In the post above this compendium, professor Alan Meese shared his thoughts on Citizens United.   However, professor Meese has long been writing about the regulation of corporate speech, even back in the long forgotten days  of 1993.

-At last, Barbara Streisand has spoken out about the decision.  The longtime Democrat and pop star says the decision opens the way to a “corporate coup d’état of America”.

-Professor Stephen Bainbridge posted this look at the common law and 14th Amendment origins of corporate personhood.

– Legal blog The Volokh Conspiracy has posted several articles about Citizens United, including this article on the relationship between money and speech,  and this counter-argument to the claim that the ruling was erroneous, because corporations are state created entities.

-Marc Ambinder of the Atlantic Monthly argues that Citizens United‘s impact on politics may be relatively minimal.

-The Wall Street Journal has posted its own roundup of opinions on Citizens United.  Also in the Wall Street Journal, Bradley Smith has authored this defense of the decision.

–David Schutlz, professor at Hamline University School of Business, wrote this analysis of how Citizens United will affect Minnesota.

– Even the Daily Show has weighed in on Citizens United.  Watch as John Oliver celebrates the Supreme Court decision that finally awards corporations their long denied rights.

– William Van Alstyne, noted First Amendment scholar and professor at William and Mary,  will post his thoughts on Citizen United on this blog.  Make sure to check back on Friday to see what Van Alstyne has to say!

-This compendium is a constant work in progress.  If you want your article on Citizens United to be included, or feel we missed a crucial viewpoint, send an email to editor@stateofelections.com

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Congressional Vacancies, Election Certification, and American Idol

Election Law Society · January 21, 2010 ·

Scott Brown, that American Idol fathering, sexiest man winning, pickup truck driving politician has won a decisive victory in Massachusetts.  But even before polls opened, there was a budding controversy over exactly when the election results would be certified and the winner seated.  Several media outlets are reporting that Democrats may attempt to delay Brown’s swearing in, in an effort to push health care reform through before Brown can take his seat.  Instead of providing yet another analysis of the current situation in Massachusetts, State of Elections is going to examine the existing law and customs governing special elections, and take a look at some previous controversies surrounding the certification of special elections. [Read more…] about Congressional Vacancies, Election Certification, and American Idol

Weekly Wrap Up

Election Law Society · January 21, 2010 ·

– The Supreme Court’s decision in Citizens United has been released, and it’s a doorstopper.  Weighing in at over 180 pages, the decision gives corporations, unions, and non-profits more power to spend freely in federal elections.  Of course, Citizens United has sparked quite a bit of controversy.  Rick Hasen, a leading election law scholar and member of the William and Mary Election Law Program Advisory Board,  posted a scathing critique of the opinion on Slate, and an examination of the possible future of campaign finance on the Huffington Post.  Ironically, Hasen’s book was cited in the majority opinion.

– Senator Chuck Schumer  is rumored to be working on a “universal voter registration” bill.   Originally, rumors had pegged Barney Frank as the author of the bill, sparking a mild controversy on the Hill and a fierce denial by Frank.   The possibly fictional bill would automatically register millions of people to vote.

– State of Elections has published several articles about felon disenfranchisement over the past few weeks, all of which have supported the restoration of felon voting rights.  In the interest of balance, here’s an editorial opposing the restoration of felon voting rights, written by Hans A. Von Spakovsky and John Park and published in the Richmond Times Dispatch.

– State of Elections is working on a new article, possibly a series of articles, about voting machines.  Specifically, we will be looking at New York City’s recent decision to replace its old lever operated machines with modern electronic voting machines.  If you have any information about NYC’s process for selecting a company to provide its machines, or any special knowledge about voting machines in general, please contact us at editor@stateofelections.com.

http://stateofelections.pages.wm.edu/2010/01/22/weekly-wrap-up-8/

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State of Elections Welcomes First Editor in Chief

Election Law Society · January 20, 2010 ·

State of Elections and the Election Law Society of William & Mary are thrilled to announce it’s first Editor-in-Chief, Anthony Balady.  A first year law student born and raised in New Jersey, Anthony has a degree in political science with a minor in writing and rhetoric from James Madison University.  While we have a team of great editors on our blog, Anthony has emerged as a leader who will roll up his sleeves and leaves draft blog posts bleeding with red ink.

Reaction to this historic move for our blog was widely positive.  When reached for comment, President Obama said it was “the best news we’ve had all week.”

Aware of Mr. Balady’s brown belt in Tae Kwon Do, Senator-elect Brown (R-MA) issued a statement nominating Anthony for Cosmo’s 2010 “America’s Sexiest Man.” It’s worth noting that when Cosmo comes calling, both men will have won the award while in law school, but only one will have had the privilege of leading the best student-run election law blog in the country.

For our readers wondering what type of political background Anthony has, we asked him a few basic questions.  His first political memory?  Clinton’s Lewinsky scandal.  The first campaign that got him into politics?  McCain in 2000:  “That was the first time I realized that politics wasn’t just an entertaining sideshow, it had a real impact on real people,” the new chief said.  Though he was quick to point out that McCain 2008 didn’t inspire the same feelings.  In 2008, Anthony was pulling for Stephen Colbert.  Seems like all of his candidates run into trouble in South Carolina.

Please join our blog family and the national, bi-partisan enthusiasm and welcome Anthony with an email at editor@stateofelections.com.

www.writemypaper4me.org/
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