Daily Media Links 10/19: McCain Joins Push for Disclosure About Political Ads on Social Media, Never let it be said that being anti-free speech is an explicitly left-wing college thing, and more…

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 […]

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Daily Media Links 10/18: Should Political Ads on Facebook Include Disclaimers?, West Virginia AG Says Election Pamphlet Law Unconstitutional, and more…

Free Speech First Amendment Watch: From Liberty Tree to Taking a Knee: America’s Founding Era Sheds Light on the NFL Controversy By Stephen Solomon Symbolic speech as a form of protest, like taking a knee at a football game while others stand for the National Anthem, enjoys a long history in America. It’s been a […]

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Daily Media Links 10/17: The Citizens United Disaster That Wasn’t, A review of surveys on free speech and expression, and more…

Free Speech Inside Higher Ed: Presidents and Provosts Gather to Consider Free Speech Issues By Scott Jaschik Just last week, students shouted down talks at Columbia University and the University of Michigan. Those doing the shouting down were generally students aligned with the political left, but supporters of President Trump also shut down a talk […]

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Daily Media Links 10/16: Trump vs. the First Amendment, Google, Facebook putting an early mark on political advertising bills, and more…

CCP Over a Year Later, Coloradans Find out Exactly What was in Legislators’ Disclosure Bill By Alex Cordell In their rush to hurriedly pass this bill, legislators neglected to notice that the language in the measure accidentally triggered the same requirements for legislative and statewide candidates running in the 2018 election. Now, 30 days before […]

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Daily Media Links 10/13: Massachusetts’ Top Court to Rule On Union Campaign Donation Loophole, Justice Holmes’s Free-Speech Lesson, and more…

In the News USA Today: China’s Internet censors know how to block Russian interference By Eric Wang China censors any agitators, foreign or domestic, on social media. Politically sensitive topics like Tibetan self-determination, the Tiananmen Square demonstrations, or resistance against the Communist Party are off-limits. Of course, the Great Firewall also completely blocks access to […]

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Daily Media Links 10/12: The Free-Speech Wars, Judge Won’t Let Feds Have Full Access to Names of People on Anti-Trump Site, and more…

Free Speech National Review: New College Student Survey: Yes, Speech Can Be Violence By David French Conducted by McLaughlin & Associates for Yale’s William F. Buckley, Jr. Program, the survey queried 800 college students attending four-year private or public colleges, and the results were depressingly predictable. First, the “good” news. Students claim to love free […]

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Daily Media Links 10/11: FEC asks for public comment on online ad disclosure rules, New rule on political spending takes effect, and more…

In the News Public Policy Legal Institute: Supreme Court Vacates Problematic Fourth Circuit Opinion Welcoming “Restraint” of Candidate Speech 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” […]

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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.

Filed Under: In the News, Quotes CCP

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.

Filed Under: Brad Smith, Broadcast, Video, Audio, In the News

Daily Media Links 10/10: New TIGTA Report on “Inappropriate” Criteria for Evaluating Exemption Applications, The people paying for California political ads might be easier to identify under this new state law, and more…

In the News The Hill: A lesson on abuse of power by Obama and his Senate allies By Bradley A. Smith Republicans on Capitol Hill are outraged by the announcement that the Department of Justice would stick with the Obama administration decision not to prosecute Lois Lerner… But congressional Republicans always set the bar both […]

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