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Stand By Your Ad

Revisions to DISCLOSE on eve of House vote

Published on June 23, 2010 08:20 PM

Jeff Patch

Category: Contributions & Limits, Disclosure, Expenditure, First Amendment, Independent Speech, Political Parties, Stand By Your Ad

No fireworks exploded at this afternoon's House Rules Committee hearing on the DISCLOSE Act (H.R. 5175). First Amendment political rights, though, remain at serious risk of going up in smoke as the majority moves forward with an ill-advised bill to ban a significant amount of political speech that was legal even before Citizens United v. Federal Election Commission. After two false starts (one before Memorial Day and the second last week), the Committee adopted a rule that provides for an

'Stand By Your Ad' and Independent Expenditures, in 1996

Published on June 21, 2010 03:18 PM

Allison Hayward

Category: First Amendment, Stand By Your Ad

It's the first day of summer. An ideal time to be reading documents from the William J. Clinton Presidential Library. Here's an excerpt from the draft Department of Justice letter to Senator Trent Lott, assessing the constitutional issues presented by the reform bill of the day, S. 1219 (the Senate Campaign Finance Reform Act of 1996). Section 302 of that bill would have required that independent expenditures contain the permanent street address of the funder, and that candidate advertisements c

Smith and McGinley speak at Cato DISCLOSE Act event

Published on June 16, 2010 10:45 AM

Scott Kenyon

Category: Coordination, Disclosure, Independent Speech, Internet Regulation, Stand By Your Ad

At a Cato Institute-sponsored panel discussion Tuesday, CCP Chairman Brad Smith and Patton Boggs attorney William McGinley elaborated on the latest congressional attack on free speech-the DISCLOSE Act. The Director of Cato's Center for Representative Government, John Samples, who moderated the event, has a podcast today focusing on the DISCLOSE Act. Video of Tuesday's event will eventually be posted on the Cato Institute website. Smith explained that the DISCLOSE Act seeks to make illega

Does Rep. Jones know campaign finance reform?

Published on June 15, 2010 11:55 PM

Brad Smith

Category: Disclosure, First Amendment, Stand By Your Ad

Representative Walter Jones, one of two Republican co-sponsors of the so-called DISCLOSE Act, today was quoted in CQ as follows: I am going to support this bill for its increased transparency, especially in regard to foreign companies that should not be able to spend unlimited amount to influence elections. Does Congressman Jones know that current law already prohibits any foreign national, including any foreign corporation, from spending any money to influence U.S. elections?&nbs

Common Cause finds common ground with freedom fans

Published on June 11, 2010 03:11 PM

David Scott

Category: Disclosure, Independent Speech, Stand By Your Ad

As Michigan contemplates potential legislative limitations on First Amendment rights, one common theme has emerged about the legitimacy of those actions: they are unconstitutional. Michigan joins a notorious fraternity of states that have legislated in excess while attempting to "remedy" the perceived injustice of the Supreme Court ruling Citizens United v. Federal Election Commission. In hearings held earlier this week, a variety of stakeholders in the campaign financing process, includ

DISCLOSE: shedding light on what you need to know

Published on May 3, 2010 12:15 PM

Jeff Patch

Category: Independent Speech, Stand By Your Ad

By now, you've probably read the Wall Street Journal editorial, "Free Speech for Some; Unions get a pass from new campaign finance disclosure rules." The ghostwriters of the Detroit News, i.e. their editorial board, also make a pretty good case for why DISCLOSE seems to intentionally exempt unions from some of the most burdensome parts of the proposed Rubix cube of regulation: "Democrats' campaign finance bill excuses unions from limits placed on corporations." Maybe that's why t

DISCLOSE Act to emerge from the shadows

Published on April 29, 2010

Jeff Patch

Category: Coordination, Disclosure, Independent Speech, Stand By Your Ad

According to media reports, Rep. Chris Van Hollen and Sen. Chuck Schumer will finally unveil their bill of campaign finance restrictions today. Stick with the Center for Competitive Politics' blog for comprehensive analysis of the bill throughout the day. Politico reports that Van Hollen has persuaded one more Republican, Rep. Walter Jones, to sponsor the DISCLOSE Act, which would subvert the Supreme Court's recent ruling in Citizens United v. Federal Election Commission: "The goal is par

The Arena: Schumer-Van Hollen deserves filibuster

Published on April 25, 2010

Brad Smith

Category: Coordination, Disclosure, Independent Speech, Jurisprudence & Litigation, Stand By Your Ad

The primary reason we have a First Amendment is that we don't trust government to regulate political speech in the public interest. The framers understood that if government can regulate political speech, there will be an almost irresistible urge to use such regulation for partisan advantage, and to silence political speakers opposed to the majority. Both of these problems are on display in the so-called "DISLCOSE Act" ("Democracy is Strengthened by Casting Light on Spending in El

Van Hollen-Schumer waiting game continues

Published on April 15, 2010

Jeff Patch

Category: Contributions & Limits, Independent Speech, Jurisprudence & Litigation, Political Committees & 527s, Stand By Your Ad

Campaign finance watchers continue to pore over the scattered signals emanating from anonymous congressional leadership aides as the legislative drafting process of Van Hollen-Schumer continues behind closed doors. Rep. Chris Van Hollen and Sen. Charles Schumer, the chair and former chair of their respective chambers' campaign committees, announced their framework for a Citizens United response in February—Feb. 11 to be specific. Over two months later, the world hasn't ended, corpor

Video of last weeks ACS panel on Citizens United

Published on February 28, 2010

Jeff Patch

Category: Coordination, Disclosure, Enforcement, Expenditure, Independent Speech, Jurisprudence & Litigation, Political Committees & 527s, Political Parties, Stand By Your Ad

The Center for Competitive Politics covered the panel in two posts last week: "Lawyers offer mixed reviews of post-Citizens United leg. at ACS event" and "ACS panel features strong supporters of free political speech."

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