Judge Thomas Hardiman Applied Careful Scrutiny and Invalidated PAC Ban, but Passed on Opportunity to Correct DSF Panel Ruling

Hon. Thomas Hardiman United States Court of Appeals for the Third Circuit (2007-Present); United States District Court for the Western District of Pennsylvania (2003-2007) We found four cases relevant to First Amendment speech freedoms where Judge Hardiman either wrote or joined an opinion. Additionally, he voted against a petition for en banc review of Delaware […]

Filed Under: Blog, Hardiman, Trump21

Judge Raymond Gruender Supports Nonprofit Speech Rights in Key Minnesota Case

Hon. Raymond Gruender United States Court of Appeals for the Eighth Circuit (June 5, 2004-Present) Summary We found five cases where Judge Raymond Gruender participated in an opinion related to free speech rights. He supported First Amendment speech rights in four of the five cases. Minnesota Citizens Concerned for Life, Inc. v. Swanson, 692 F.3d […]

Filed Under: Blog, Gruender, Trump21

Judge Neil Gorsuch Writes Sophisticated Concurring Opinion Striking Down Colorado Contribution Limit Disparity

Hon. Neil Gorsuch United States Court of Appeals for the Tenth Circuit (2006-Present) Using our screen to find cases, Judge Gorsuch wrote or joined an opinion in two notable First Amendment cases while on the Tenth Circuit.[1] Riddle v. Hickenlooper, 742 F.3d 922 (10th Cir. 2014) (Gorsuch, J., concurring). Doe v. Shurtleff, 628 F.3d 1217 […]

Filed Under: Blog, Gorsuch, Trump21

Judge Charles Canady in Congress: A Strong but Mixed Pro-Free Speech Record

Hon. Charles Canady Florida Supreme Court (2008-Present, 2010-2012 as Chief Justice); Florida Second District Court of Appeal (2002-2008); United States House of Representatives (1993-2001) To learn more about judge Canady’s views on free speech, we reviewed 87 votes on bills or amendments during his congressional service that may have impacted First Amendment speech rights. An […]

Filed Under: Blog, Canady, Trump21

Judge Charles Canady on Judicial Campaign Speech Rights: Pro-Speech, then a Mystery in Williams-Yulee

Hon. Charles Canady Florida Supreme Court (2008-Present, 2010-2012 as Chief Justice); Florida Second District Court of Appeal (2002-2008); United States House of Representatives (1993-2001) Using our initial screen to find cases, Judge Canady wrote or joined an opinion in two First Amendment cases of note while on the Florida Supreme Court. The first was In […]

Filed Under: Blog, Canady, Trump21

Judge Steven Colloton Would Grant Lawmakers “Extreme Deference” to Limit Free Speech

Hon. Steven Colloton United States Court of Appeals for the Eighth Circuit (2003-Present) Using our initial screen to find cases, Judge Colloton wrote or joined an opinion in three notable First Amendment cases while on the Eighth Circuit: Minnesota Citizens Concerned for Life, Inc. v. Swanson, 692 F.3d 864 (8th Cir. 2012) (en banc) (Colloton, […]

Filed Under: Blog, Colloton, Trump21

Washington Examiner: Trump will get great advice on the First Amendment (In the News)

The flag is a symbol of our nation, the best in the world, and our freedoms. But burning it is also free speech…
While the First Amendment is always under assault, two key members of the incoming Trump administration are good friends of free speech.
Vice President-elect Mike Pence is one. He proved this in 2006 when he was one of just 18 Republicans to vote against a GOP-backed bill aimed at shutting down Democratic-leaning advocacy groups. Not only did Pence vote against the bill, he tried to get his colleagues to join him in opposing the measure.
Over Thanksgiving weekend, Trump named Don McGahn as his White House counsel. McGahn did a fantastic job when he was on the Federal Election Commission. He successfully implemented many meaningful reforms there to protect due process rights and free speech. You won’t find a stronger advocate for First Amendment free-speech rights than McGahn.
Trump’s tweet is disturbing. But knowing that he’ll get advice on free speech from Mike Pence and Don McGahn makes me feel a lot better.

Filed Under: David Keating, In the News, Published Articles

Comments and Suggested Language to California Fair Political Practices Commission on Proposed Revisions to Political Reform Act of 1974

PDF of analysis and recommended language available here Ms. Jodi Remke Chairwoman Fair Political Practices Commission 428 J Street, Suite 620 Sacramento, CA 95814 Dear Ms. Remke: As you know, California’s Fair Political Practices Commission (“FPPC”), the body charged with the administration and enforcement of California’s Political Reform Act (“Act”), has partnered with the University […]

Filed Under: Blog, External Relations Comments and Testimony, State, State Comments and Testimony, California Fair Political Practices Commission, FPPC, Political Reform Act of 1974, California

Letter to California Governor Jerry Brown on Constitutional Issues with S.B. 1107

PDF of letter available here Via fax and mail The Honorable Governor Jerry Brown c/o State Capitol, Suite 1173 Sacramento, CA 95814 Dear Governor Brown: On behalf of the Center for Competitive Politics,[1] I urge you to veto Senate Bill 1107, which amends the Political Reform Act of 1974 to permit the State of California […]

Filed Under: Blog, External Relations Comments and Testimony, State, State Comments and Testimony, Tax Financed Campaigns Comments, Tax Financed Campaigns State, Tax-Financing, Governor Jerry Brown, Political Reform Act of 1974, S.B. 1107, California

Orange County Register: Sacramento politicians eye illegally avoiding voters (In the News)

David Keating
Simply put, this legislative effort is a brazen attempt to flout the law and the will of the people who voted to ban subsidies for politicians. How can a bill “further [the] purpose” of the law banning tax-funded campaigns by allowing for tax-financed campaigns? The answer is: It can’t…
Were California legislators to take a timeout from rewriting California law by pretending it does not exist, they might learn a lesson from their neighbors to the east in Arizona. That state has had tax-financed campaigns since 2000. The result? An even more ideologically polarized legislature – because more mainstream candidates often find that candidates from the fringes have more resources than they otherwise would.
Most people think California’s legislature is already too polarized. Spending tax dollars to possibly get more polarization is a risky bet.
SB1107 seeks to “fix” a law that bans tax-funded campaigns by enabling tax-funded campaigns. It’s another power play from the Legislature.

Filed Under: David Keating, hjta v Brown, In the News, Published Articles