First Amendment

The Last Rites of Public Campaign Financing?

In the wake of the Supreme Court’s 5-4 decision in Arizona Free Enterprise v. Bennett, this Nebraska Law Review article by Hofstra University Law School Professor James J. Sample asserts the current predicament of public campaign financing is such that options that are still on the table under the Court’s First Amendment jurisprudence are, with [...]

Filed Under: External Relations Sub-Pages, First Amendment, Research, Tax-Financing, Tax-Financing Research, Tax-Financing State, Taxpayer Financed Campaigns, Arizona, Arizona Free Enterprise v. Bennett, Citizens United v. Federal Election Commission, clean elections, First Amendment, James J. Sample, NYC, public financing, Supreme Court, tax financing, taxpayer financed campaigns, taxpayer-financed campaigns, First Amendment, Taxpayer Financed Campaigns, Arizona, Connecticut, Maine

Separation of Campaign and State

In a pair of recent decisions, Davis v. FEC and Arizona Free Enterprise Club’s Freedom Club PAC v. Bennett, the Supreme Court has struck down on First Amendment grounds laws that would have arguably created more, not less speech. The federal statute at issue in Davis actually raised contribution limits for certain candidates being outspent [...]

Filed Under: External Relations Sub-Pages, First Amendment, Research, Tax-Financing, Tax-Financing Research, Tax-Financing State, Taxpayer Financed Campaigns, Arizona, AZ Free Enterprise Club v. Bennett, Brad Smith, campaign finance, Center for Competitive Politics, clean elections, Davis v. FEC, First Amendment, free speech, George Washington University Law Review, Millionaire's Amendment, public financing, taxpayer financed campaigns, First Amendment, Taxpayer Financed Campaigns, Arizona

In Defense of ‘Super PACs’ and of the First Amendment

In this article, CCP Academic Advisor and Brooklyn Law School Professor Joel Gora offers a defense of “Super PACs” and of the First Amendment principles that they embody; namely, that in order to make our democracy work, we need a robust, wide-open and uninhibited discussion of politics and government. Although Super PACs have gotten bad [...]

Filed Under: First Amendment, Independent Speech, Research, Super PACs, Academic Advisory Board, ACLU, Brooklyn Law School, Buckley v. Valeo, campaign finance, campaign finance reform, Center for Competitive Politics, Citizens United v. Federal Election Commission, First Amendment, free speech, independent expenditure, independent speech, independent spending, Joel Gora, money in politics, SpeechNow.org v. FEC, super PACs, First Amendment, Independent Speech

Campaign Spending and Electoral Competition: Towards More Policy Relevant Research

Despite long-standing scholarly literature on the electoral effects of campaign spending, academic research provides little practical policy guidance. In part, this is because existing studies have focused narrowly on some vexing statistical issues, while ignoring many others. However, this is also because political scientists have not devoted enough effort to conducting evaluation studies of how [...]

Filed Under: Contribution Limits, Contribution Limits Research, Contributions & Limits, Expenditure, External Relations Sub-Pages, Faulty Assumptions, First Amendment, Political Parties, Research, campaign finance, campaign finance reform, campaign spending, First Amendment, Jeff Milyo, money in politics, political science research, Contributions & Limits, Expenditure, Faulty Assumptions, First Amendment, Political Committees & 527s

'Super PACs' and the Role of 'Coordination' in Campaign Finance Law

In the Supreme Court’s 2010 decision in Citizens United v. FEC, the Court struck down a federal ban on independent expenditures in political campaigns by corporations. The Court held that independent spending could not create the type of “corruption” that the Court has recognized as a compelling government interest sufficient to overcome the intrusion of [...]

Filed Under: Coordination, External Relations Sub-Pages, First Amendment, Independent Speech, Issues, Jurisprudence & Litigation, Research, Super PACs, Super PACs, Bradley A. Smith, Buckley v. Valeo, Center for Competitive Politics, Citizens United v. Federal Election Commission, coordination, corruption, money in politics, SpeechNow.org, super PACs, Supreme Court, Willamette Law Review, Coordination, First Amendment, Independent Speech, Jurisprudence & Litigation

Free Speech, Fair Elections, and Campaign Finance Laws: Can They Co-Exist?

A prominent politician once observed that, “You can either have free speech or fair elections, but you can’t have both.” In this article, CCP Academic Advisor and Professor of Law at Brooklyn Law School Joel M. Gora argues that saying has it all backwards. In fact, you cannot have one without the other. The election of 2012 [...]

Filed Under: Contribution Limits, Contribution Limits Research, Contributions & Limits, Expenditure, Faulty Assumptions, First Amendment, Independent Speech, Money in Politics, Research, Super PACs, Super PACs, campaign contributions, campaign finance, Contribution limits, First Amendment, free speech, money in politics, super PACs, Contributions & Limits, Faulty Assumptions, First Amendment, Independent Speech

Move to Defend: The Case against the Constitutional Amendments Seeking to Overturn Citizens United

In this essay, CCP Academic Advisor John Samples looks at the Citizens United v. Federal Election Commission decision. It found that Congress lacked the power to prohibit independent spending on electoral speech by corporations. A later lower-court decision, SpeechNow v. Federal Election Commission, applied Citizens United to such spending and related fundraising by individuals. Concerns about the [...]

Filed Under: First Amendment, Independent Speech, Issue Advocacy, Jurisprudence & Litigation, Political Committees & 527s, Research, Super PACs, First Amendment, Independent Speech, Issue Advocacy, Political Committees & 527s

Donor Disclosure: Undermining the First Amendment

In this essay, Cleta Mitchell, partner in the Washington, D.C. office of Foley & Lardner LLP and a member of the firm’s Political Law Practice, examines campaign finance disclosure both as a policy and as a response to the Supreme Court’s 2010 decision in Citizens United v. FEC, which freed corporations, labor unions, and trade [...]

Filed Under: Disclosure, Disclosure, Disclosure Research, Disclosure State, External Relations Sub-Pages, First Amendment, Independent Speech, Jurisprudence & Litigation, Research, campaign finance disclosure, campaign finance reform, Center for Competitive Politics, Citizens United v. FEC, Cleta Mitchell, Donor Disclosure, Foly & Lardner, money in politics, Disclosure, First Amendment, Independent Speech, Jurisprudence & Litigation, Minnesota

An Analysis of Corporate Governance Reforms Proposed in Response to Citizens United to Limit Corporate Political Spending

Having failed to silence businesses through either litigation or legislation, campaign regulation reformers continue to try new and different tacks, corporate democracy being the latest in a long line of attempts to control money in politics. George Mason University Law Professor J.W. Verret released this report on behalf of the Center for Competitive Politics.

Filed Under: Corporate Governance, Corporate Governance Research, Faulty Assumptions, First Amendment, Research, Citizens United v. Federal Election Commission, corporate governance, corporations, Faulty Assumptions, First Amendment

Activist Investing In Post-Citizens United America

The Center for Competitive Politics released a report on Activist Investing intended to dispute claims made by some groups that corporations and businesses should be wary of the “economic risks” posed by engaging in political speech.

Filed Under: Faulty Assumptions, First Amendment, Research, activist, Citizens United v. Federal Election Commission, corporate governance, corporations, investing, Faulty Assumptions, First Amendment