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Contributions & Limits
'Reformers' v. Reality after EMILY's List decision
Published on September 23, 2009 06:06 AM
Category: Contributions & Limits, Independent Speech, Jurisprudence & Litigation
Last week's ruling by the U.S. Court of Appeals for the D.C. Circuit in EMILY's List v. FEC is unmatched in its clear and forceful defense of the First Amendment in politics. If the tone of the re-argument in Citizens United v. FEC didn't put groups that support broad, burdensome campaign finance regulations on notice that the federal courts are resurrecting political free speech rights, EMILY's List sent the message loud and clear (cleverly topping it off with footnotes from "reform" allies).
DC Circuit Decides EMILY's List v. FEC
Published on September 18, 2009
Category: Contributions & Limits, Enforcement
Groups that pose no threat of corruption to candidates or officeholders cannot be subject to contribution limits. CCP's release is here.
Will Campaign Finance Turn John Roberts into a Conservative Earl Warren?
Published on September 15, 2009 07:00 AM
Category: Contributions & Limits, Jurisprudence & Litigation
George Washington University Professor Jeffrey Rosen, the perceptive scholar and popular critic of the Supreme Court, has a curious column out in the New York Times. In it, he argues that if Chief Justice Roberts entertains a broad ruling in Citizens United v. FEC, overruling Austin v. Michigan Chamber of Commerce and McConnell v. FEC on a 5-4 vote, he will become a "conservative Earl Warren," a "polarizing" figure. Rosen argues that the Warren Court's decisions on criminal pro
The Tangled Web We've Woven: What Weight to Give Precedent in Citizens United?
Published on September 14, 2009 05:45 PM
Category: Contributions & Limits, Jurisprudence & Litigation, Press
The Supreme Court has by now voted on Citizens United v. FEC and the justices should be writing their opinions. After a special oral argument last week, most observers were predicting a win for Citizens United in their battle to air "Hillary: The Movie," (or more realistically, for Citizens United's future political speech efforts.) The question will be how large the win is - will the Court overrule the a pair of recent precedents, Austin v. Michigan Chamber of Commerce and McCo
Citizens United – It’s All About the Book Banning
Published on September 10, 2009
Category: Contributions & Limits, Enforcement, Jurisprudence & Litigation, Political Committees & 527s, Political Parties, Taxpayer Financed Campaigns
Normal 0 false false false EN-US X-NONE X-NONE MicrosoftInternetExplorer4 It may one day be fair to say that the campaign finance "reform" movement was dealt a fatal blow that day in March 2009 when Deputy Solicitor General Malcolm Stewart responded to a question from Justice Alito. Alito's question was simple: Could the government ban political books that contained express advocacy if an inco
CCP at Bloggerheads debating Citizens United
Published on September 8, 2009
Category: Contributions & Limits, Enforcement, Expenditure, Jurisprudence & Litigation
Normal 0 false false false EN-US X-NONE X-NONE MicrosoftInternetExplorer4 CCP Communications Director Jeff Patch will be debating the Citizens United case on Bloggerheads, where he will be exchanging blog posts with Lionel Artum-Ginsberg, an attorney. The debate will go on for the next 24 hours, so please check back at Bloggerheads from time to time for new posts.
Hysteria and hyperbole no substitute for facts in Citizens United
Published on September 8, 2009
Category: Contributions & Limits, Enforcement, Expenditure, Jurisprudence & Litigation
Continuing campaign finance "reformers" pattern of dramatically misunderstanding what is at stake in Citizens United, E.J. Dionne of the Washington Post yesterday unleashed a hysterical and factually-challenged column in advance of tomorrow's crucial re-argument in front of the Supreme Court. Early on, Dionne claims that "The court is considering eviscerating laws that have been on the books since 1907 and 1947 -- in two separate cases -- banning direct contributions and spend
Citizens United and the crocodile tears for shareholder rights
Published on September 4, 2009
Category: Contributions & Limits, Expenditure, Petition Rights
Citizens United v. FEC is ultimately a pretty simple issue, and it's pretty clear, when you cut through it all, that there are two camps: one camp wants more speech, and one camp wants to suppress speech. That latter camp is a tough sell. Thus the search for new reasons for speech suppression. One they've been trying to make a go of is shareholder rights. That has required some serious contortions by the regulatory lobby, but ultimately it, too, is a non-starter.
Quinn to veto campaign finance bill, but for wrong reasons
Published on August 27, 2009 12:52 PM
Category: Contributions & Limits
According to media reports, Illinois Gov. Pat Quinn will veto a flawed campaign finance bill. CCP's release is here. The Illinois Policy Institute also has reaction here. The bottom line: It's mixed news because Quinn is thankfully using his veto pen on this terrible legislation, but for the wrong reasons. He thinks it doesn't go far enough and will try again to limit political speech in Illinois.
The Real Truth About Obama and its meaning for Citizens United
Published on August 8, 2009
Category: Contributions & Limits, Jurisprudence & Litigation, Political Committees & 527s
Last week the free speech movement took one on the chin when the U.S. Fourth Circuit Court of Appeals affirmed a trial court's denial of a preliminary injunction against the Federal Election Commission in The Real Truth About Obama v. F.E.C.. (CCP has not been involved in the case). While the case is a setback for First Amendment advocates, it is a minor setback and may even have beneficial repercussions as the Supreme Court prepares to hear reargument in Citizens United v. FEC on th
