Free Speech Washington Examiner: Never let it be said that being anti-free speech is an explicitly left-wing college thing By Becket Adams Never let it be said that woke left-wing college kids have a corner on the anti-free speech market. Depending on what’s being said, some self-avowed Republicans say they too would support efforts to […]
Public Policy Legal Institute: Supreme Court Vacates Problematic Fourth Circuit Opinion Welcoming “Restraint” of Candidate Speech (In the News)
PPLI and the Center for Competitive Politics had filed “friend of the court” briefs in the Supreme Court in Trump v. Int’l Refugee Assistance Project, No. 16-1436. That case, commonly referred to as the “travel ban” cases, considered the President’s power to block certain aliens from entering the United States. The U.S. Court of Appeals for the Fourth Circuit had blocked the Executive Order that imposed the ban, but did so by referring to candidate Donald Trump’s campaign statements. Unfortunately, the Fourth Circuit said:
“To the extent that our review chills campaign promises to condemn and exclude entire religious groups, we think that a welcome restraint.” Int’l Refugee Assistance Project, et al. v. Trump, et al., 857 F.3d 554, 600 (4th Cir. 2017), slip op. 68.
This “welcome restraint” doctrine conflicts with settled Supreme Court decisions protecting free speech on the campaign trail…
The two PPLI/CCP briefs first asked the Court to review the case, by granting certiorari, then, without taking a position on the merits, asked the Court to protect the First Amendment rights of candidates and those who want to hear their true opinions, by “vacating” (eliminating) the troublesome Fourth Circuit opinion.
United States Court of Appeals for the Ninth Circuit: Public Confidence in the Election Process (Video)
Legal challenges involving political campaigns or elections present some of the most difficult, high-profile, and time-sensitive matters to come before federal courts. They also may test the bounds of judicial independence and the appearance of impartiality. Their consequences are often far-reaching. A panel of three distinguished election law experts will participate in a conversation to help navigate through this thicket. They will discuss perennial issues arising in election law, such as the Voting Rights Act, redistricting, and the regulation of money in politics. They also will tackle several more recent hot topics, including voter fraud, voter suppression and protection, the regulation of micro-targeting, the Purcell principle (relating to court-ordered changes shortly before an election), the Electoral College, faithless electors, and foreign interference with U.S. elections.