Independent Speech

A Landmark Decision Turns Forty: A Conversation on Buckley v. Valeo

In this series of essays by Brooklyn Law School President and Joseph Crea Dean Nicholas W. Allard, U.S. Court of Appeals Senior Judge and former U.S. Senator James L. Buckley, and former ACLU Executive Director Ira Glasser, the authors discuss the landmark Buckley v. Valeo Supreme Court decision after its 40th anniversary. Written as part […]

Filed Under: Contributions & Limits, Disclosure, Expenditure, Independent Speech, Jurisprudence & Litigation, Research, ACLU, Buckley v. Valeo, corporate speech, corruption, eugene mccarthy, FECA, Ira Glasser, James L. Buckley, Nicholas W. Allard, Contribution Limits, Disclosure, Expenditure, Independent Speech, Jurisprudence & Litigation, Contributions & Limits, Disclosure, Expenditure, Independent Speech, Jurisprudence & Litigation

Free Speech Matters: The Roberts Court and the First Amendment

In this article, Brooklyn Law School Professor Joel M. Gora, a CCP Academic Advisor, examines the impact of the Roberts Court on First Amendment rights after ten years, particularly with regards to campaign finance law in cases like Citizens United v. FEC and McCutcheon v. FEC. Written as part of a symposium on “Free Speech Under Fire” […]

Filed Under: Contributions & Limits, Expenditure, First Amendment, Independent Speech, Issue Advocacy, Jurisprudence & Litigation, Research, Taxpayer Financed Campaigns, Antonin Scalia, Arizona Free Enterprise Club’s Freedom Club PAC v. Bennett, Buckley v. Valeo, Chief Justice John Roberts, Citizens United v. FEC, Joel Gora, McCutcheon v FEC, The Roberts Court, Contribution Limits, Expenditure, First Amendment, Independent Speech, Issue Advocacy, Jurisprudence & Litigation, Taxpayer Financed Campaigns, Contributions & Limits, Expenditure, First Amendment, Independent Speech, Issue Advocacy, Jurisprudence & Litigation, Taxpayer Financed Campaigns

The Academy, Campaign Finance, and Free Speech Under Fire

In this short essay, Center for Competitive Politics Chairman and Co-Founder and Capital University Law School Professor Bradley A. Smith argues that academic efforts to fit campaign finance restrictions within the rubric of the First Amendment have distorted First Amendment doctrine and contributed to a decline in respect for free speech generally. Written as part […]

Filed Under: First Amendment, Independent Speech, Jurisprudence & Litigation, Research, Bradley A. Smith, corruption, Larry Lessig, Richard Hasen, Robert Post, Zephyr Teachout, First Amendment, Independent Speech, Jurisprudence & Litigation, First Amendment, Independent Speech, Jurisprudence & Litigation

Susan B. Anthony List v. Driehaus and the (Bleak) Future of Statutes that Ban False Statements in Political Campaigns

In this University of Pennsylvania Law Review article, author Margaret H. Zhang assesses the constitutionality of state false statement law statutes in the wake of recent court decisions. As Zhang explains, today’s political candidates must be prepared for mudslinging targeted not just at their professional lives, but also at their private lives, appearance, genealogy, religion, […]

Filed Under: First Amendment, Independent Speech, Jurisprudence & Litigation, Research, SBA List v. Driehaus, False Statement Laws, First Amendment, Independent Speech, Jurisprudence & Litigation, First Amendment, Independent Speech, Jurisprudence & Litigation, Alaska, Colorado, Florida, Louisiana, Massachusetts, Michigan, Minnesota, Mississippi, Montana, North Carolina, North Dakota, Ohio, Oregon, Tennessee, Utah, Washington, West Virginia, Wisconsin

Compulsory Donor Disclosure: When Government Monitors Its Citizens

In this Heritage Foundation Legal Memorandum by CCP Chairman Bradley A. Smith, Research Fellow Scott Blackburn, and Policy Analyst Luke Wachob, the authors explain how political speech in America is subject to an ever expanding disclosure regime as more and more private information – including citizens’ names, home addresses, employers, and occupations, as well as […]

Filed Under: Citizens United v. Federal Election Commission, Disclosure, Disclosure, Faulty Assumptions, Featured Content, First Amendment, Independent Speech, IRS and the Tea Party, Research, Dark Money, Heritage Foundation, Private Giving, Disclosure, Faulty Assumptions, First Amendment, Independent Speech, Disclosure, Faulty Assumptions, First Amendment, Independent Speech, California, Montana, New York, Wisconsin

Are Corporations People?

This National Affairs essay by Carson Holloway examines the vocal claims by some that “corporations are not people.” As Holloway explains, progressives, ranging from ordinary protestors all the way to President Obama, have insisted that, because corporations are not living, breathing human beings, corporate personhood — the idea that corporations have certain legal and constitutional rights — is a […]

Filed Under: Citizens United v. Federal Election Commission, First Amendment, Independent Speech, Jurisprudence & Litigation, Research, Carson Holloway, Corporate Personhood, First Amendment, Independent Speech, Jurisprudence & Litigation, First Amendment, Independent Speech, Jurisprudence & Litigation

The People’s Pledge Gimmick: Bad for Voters

In the 2010 cases Citizens United v. FEC and SpeechNow.org v. FEC, courts recognized that the First Amendment protects Americans’ right to pool their resources and speak about political candidates. Following both decisions, a new type of political organization emerged – one that may make expenditures independently of candidates and political parties. Known informally today […]

Filed Under: Independent Speech, Money in Politics, Research, Super PACs, Super PACs, People's Pledge, Independent Speech, Independent Speech

Five Misconceptions about “Dark Money”

“Dark money” is a pejorative term for spending on ads urging the election or defeat of candidates by nonprofit groups – typically 501(c)(4) social welfare organizations, 501(c)(5) labor unions, and 501(c)(6) trade associations – that do not report the names and addresses of their individual donors to the government, unless donations are earmarked to fund […]

Filed Under: Disclosure, Disclosure, Disclosure, Disclosure Federal, Disclosure Handouts, External Relations Sub-Pages, Independent Speech, Issues, Money in Politics, Research, Dark Money, Disclosure, Handouts (Disclosure), Research (Disclosure), Disclosure, First Amendment, Independent Speech, Disclosure, First Amendment, Independent Speech

In Defense of Private Civic Engagement: Why the Assault on “Dark Money” Threatens Free Speech and How to Stop the Assault

In this Heartland Institute Policy Study, author Nick Dranias explains that the right to private civic engagement — the right to participate in politics confidentially as an individual or in association with others — is under assault as the product of “dark money.” However, Dranias notes that this attack on “dark money” is really an […]

Filed Under: Disclosure, Disclosure, First Amendment, Independent Speech, Money in Politics, Research, Dark Money, Free Speech Privacy Act, Nick Dranias, Publius Confidentiality Act, Research (Disclosure), Disclosure, First Amendment, Independent Speech, Disclosure, First Amendment, Independent Speech

The Coordination Fallacy

In this symposium article draft by University of Virginia Law Professor Michael D. Gilbert and University of Virginia Law J.D. Candidate Brian Barnes, the authors examine the relationship between coordinated expenditures and corruption. Only one form of corruption, the quid pro quo, is constitutionally significant, and it has three logical elements:  (1) an actor, such […]

Filed Under: Citizens United v. Federal Election Commission, Coordination, Independent Speech, Jurisprudence & Litigation, Money in Politics, Coordination, Independent Speech, Jurisprudence & Litigation, Coordination, Independent Speech, Jurisprudence & Litigation