Jurisprudence & Litigation

Free Speech Under Fire: The Future of the First Amendment

In a set of remarks preceded by Brooklyn Law School President and Joseph Crea Dean Nicholas W. Allard, famed First Amendment lawyer Floyd Abrams muses on the recent and founding history of First Amendment law. Abrams is a longtime partner at Cahill Gordon & Reindel and was counsel on well-known First Amendment cases like the Pentagon […]

Filed Under: First Amendment, Jurisprudence & Litigation, Research, Antonin Scalia, Austin v. Michigan Chamber of Commerce, Bill of Rights, Brown v. EMA, corruption, Floyd Abrams, Founding Fathers, Hill v. Colorado, Nicholas W. Allard, Samuel Alito, Stephen Breyer, First Amendment, Jurisprudence & Litigation, First Amendment, Jurisprudence & Litigation

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

Seven Myths about Disclosure Masquerading as “Realities”

This Issue Brief by Center for Competitive Politics Senior Fellow Eric Wang[1] analyzes seven alleged “myths” about campaign finance disclosure as discussed by the pro-regulation Campaign Legal Center. The Campaign Legal Center (CLC) recently issued a briefing paper worthy of Lewis Carroll.[2] Purporting to explain “Seven Myths (and Realities) about Disclosure,”[3] the CLC paper instead […]

Filed Under: Blog, Citizens United v. Federal Election Commission, Corporate Governance, Corporate Governance Handouts, Disclosure, Disclosure Handouts, Jurisprudence & Litigation, Research, Super PACs, Super PACs, Campaign Legal Center, Electioneering Communications, federal election commission, NAACP v. Alabama, Securities and Exchange Commission, Disclosure, Jurisprudence & Litigation, Disclosure, Jurisprudence & Litigation, Super PACs

Neutral Principles and Some Campaign Finance Problems

In this William and Mary Law Review article by John O. McGinnis, the author discusses both positive and normative objectives in regards to regulating matters of campaign finance. As a positive matter, the article shows that the Roberts Court’s campaign finance regulation jurisprudence can be best explained as a systematic effort to integrate that case law […]

Filed Under: First Amendment, Jurisprudence & Litigation, Research, John O. McGinnis, The Roberts Court, William and Mary Law Review, First Amendment, Jurisprudence & Litigation, First Amendment, 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

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

Eternal Inconsistency: The Stunning Variability in, and Expedient Motives Behind the Tax Regulation of Nonprofit Advocacy Groups

In this study, California election law attorney Allison Hayward analyzes the historical roots of the IRS’s recent scandals, and discusses how: The IRS scandal is just the latest in a series of clashes between the agency and nonprofit advocacy groups. Congress writes tax law to address short-term political goals, often ignoring long-term problems. Laws governing […]

Filed Under: Blog, Enforcement, First Amendment, IRS, IRS and the Tea Party, Issue Advocacy, Jurisprudence & Litigation, Research, 1954 Revenue Act, Allison Hayward, Nonprofit Advocacy, Revenue Act of 1934, Social Welfare, Tax Exemptions, Enforcement, First Amendment, Issue Advocacy, Jurisprudence & Litigation, Enforcement, First Amendment, Issue Advocacy, Jurisprudence & Litigation

Leveling the Playing Field? The Role of Public Campaign Funding in Elections

In this article by Tilman Klumpp, Hugo M. Mialon, and Michael A. Williams, the authors assess the role of public financing systems in elections. In a series of First Amendment cases, the U.S. Supreme Court established that government may regulate campaign finance, but not if such regulation imposes costs on political speech and the purpose […]

Filed Under: Jurisprudence & Litigation, Research, Tax Financed Campaigns Research, Tax-Financing, Taxpayer Financed Campaigns, Jurisprudence & Litigation, Jurisprudence & Litigation, Taxpayer Financed Campaigns, Arizona, Connecticut, Maine