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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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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.

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Weekly Wrap Up

Election Law Society · December 30, 2009 ·

Every week, State of Elections brings you the latest news in state election law.

– The U.S. Census bureau has released its population estimates, and if their estimates are correct, 8 states stand to gain Congressional seats in 2010, and 10 states will lose seats.

– An editorial in the St. Petersburg Times accuses Florida’s “No Match, No Vote” law of disenfranchising thousands of minority voters during the 2008 presidential election.  The law denies voter registration to any applicant whose name on the registration form does not match the Social Security or Florida driver’s license databases.

– The Supreme Court has held its last session of 2009, and still has not released its decision in Citizen United v. Federal Election Commission. The Court was expected to overrule existing precedents that allowed the government to limit the amount corporations could spend on campaigns.  However, the long delay has fueled speculation that the Court’s decision may not be as clear cut as expected.  For a review of the issues involved in Citizen United, see this transcript of oral arguments and this analysis of the possible implications of the case.

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