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

Significant Constitutional and Practical Issues with Maine Legislative Document 1192 (S.P. 419)

The Honorable Scott Cyrway The Honorable Louis Luchini The Honorable Jonathan Kinney Re:  Significant Constitutional and Practical Issues with Legislative Document 1192 (S.P. 419) Dear Chairs Cyrway and Luchini, Ranking Minority Member Kinney, and members of the Joint Committee on Veterans and Legal Affairs: On behalf of The Center for Competitive Politics (CCP),[1] Senior Fellow […]

Filed Under: Blog, Disclosure Comments, Disclosure State, External Relations Comments and Testimony, Money in Politics, State Comments and Testimony, Compelled Speech, disclaimers, Independent Expenditures, McCutcheon v FEC, Maine

Unenforceable: States Respond to McCutcheon and Support the First Amendment

Unenforceable:  States Respond to McCutcheon and Support the First Amendment By Matt Nese On April 2, 2014, the Supreme Court issued its decision in McCutcheon v. Federal Election Commission, which invalidated the federal aggregate limit on contributions by individuals to candidate campaigns and political committees as unconstitutional under the First Amendment.[1] This brief examines the […]

Filed Under: 1. McCutcheon, Arguments, Contribution Limits, Contribution Limits, Contribution Limits Handouts, Contribution Limits State, Contributions & Limits, External Relations Sub-Pages, Handouts (Contribution Limits), Research, aggregate limits, Center for Competitive Politics, District of Columbia, Matt Nese, McCutcheon v FEC, Proportional Bans, Proportional Limits, Shaun McCutcheon, Contribution Limits, Contributions & Limits, Alaska, Arizona, Connecticut, Florida, Hawaii, Indiana, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Montana, New York, South Carolina, Tennessee, Wisconsin, Wyoming

Issue Analysis No. 9: Aggregate and Proportional Limits in the States: Have they Reduced Corruption or Promoted Better Government?

The Center’s ninth Issue Analysis examines the potential impact of the Supreme Court’s McCutcheon decision on the states with existing aggregate limit provisions, particularly as it relates to the effect of those provisions on both public corruption rates and how well a state is governed. For background, on April 2, 2014, the Supreme Court issued […]

Filed Under: Contribution Limits, Contribution Limits, Contribution Limits Handouts, Contribution Limits State, Contributions & Limits, External Relations Sub-Pages, Jurisprudence & Litigation, Research, State, aggregate limits, Center for Competitive Politics, Contribution limits, First Amendment, Good Governance, Matt Nese, McCutcheon v FEC, money in politics, Pew Center on the States, Public Corruption, Shaun McCutcheon, Supreme Court, Contribution Limits, Jurisprudence & Litigation, Contributions & Limits, Jurisprudence & Litigation, Alaska, Connecticut, Florida, Hawaii, Indiana, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Montana, New York, Rhode Island, South Carolina, Tennessee, Wisconsin, Wyoming

State Aggregate Limits and Proportional Bans under McCutcheon

State Aggregate Limits and Proportional Bans under McCutcheon Likely Unconstitutional or Highly Vulnerable By Matt Nese Please note:  This report has been updated to reflect state responses to the Supreme Court’s McCutcheon decision. On April 2, 2014, the Supreme Court issued its decision in McCutcheon v. Federal Election Commission, which invalidated the federal aggregate limit […]

Filed Under: Contribution Limits, Contribution Limits, Contribution Limits Federal, Contribution Limits Handouts, Contribution Limits State, Contributions & Limits, External Relations Sub-Pages, Political Parties, Research, State, State Press Releases and Blogs, aggregate limits, Base Contribution Limits, Center for Competitive Politics, District of Columbia, First Amendment, Matt Nese, McCutcheon v FEC, Quid Pro Quo, Shaun McCutcheon, Contribution Limits, Jurisprudence & Litigation, Contributions & Limits, Jurisprudence & Litigation, Political Parties, Alaska, Arizona, Connecticut, Florida, Hawaii, Indiana, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Montana, New York, Rhode Island, South Carolina, Tennessee, Wisconsin, Wyoming

Joint Statement of David Keating and Bradley A. Smith to the Senate Committee on Rules and Administration on McCutcheon v. FEC

Joint Statement of David Keating President, Center for Competitive Politics and Bradley A. Smith Chairman, Center for Competitive Politics Josiah H. Blackmore II/Shirley M. Nault Professor of Law Capital University Law School Submitted to the Committee on Rules and Administration United States Senate April 30, 2014 Mr. Chairman and members of the Committee, thank you […]

Filed Under: Blog, Contribution Limits, Contribution Limits Comments, Contribution Limits Federal, External Relations Comments and Testimony, External Relations Sub-Pages, Featured Content, Federal, Federal Comments and Testimony, Angus King, Bradley A. Smith, Chuck Schumer, Citizens United v. Federal Election Commission, Dark Money, David keating, Don McGahn, Justice John Paul Stevens, McCutcheon v FEC, Mitch McConnell, Senate Rules and Administration Committee, Ted Cruz, Maine

McCutcheon Decision — When?

Someone emailed me to ask when The Supreme Court might rule in the McCutcheon case.  Of course, no one knows. However, we can guess. Of the eleven cases argued last October, seven have been resolved, though no major cases have been decided during this term. If it takes as long as Citizens United, that would […]

Filed Under: Blog, McCutcheon v FEC

Wild hypotheticals and reality

Forget the proverbial “$64,000 question.” Yesterday’s Supreme Court hearing on McCutcheon v. FEC was marked by $100,000, $200,000, and $3.6 million questions. But were any of them actually instructive or even relevant to the legal issues at stake? As Justice Alito said, “[W]hat I see are wild hypotheticals that are not obviously plausible or — […]

Filed Under: Blog, Litigation Blog/Press Releases, McCutcheon v. FEC Other Links, campaign finance, McCutcheon v FEC, Supreme Court

Three lessons from the McCutcheon argument.

Oral argument has a tendency to clarify things. It’s often the only opportunity the litigants and judges have to publicly discuss a case and point out which parts they find particularly important. This is especially true of cases like McCutcheon which, despite overarching themes of free speech and democracy, are grounded in our nation’s complex […]

Filed Under: Blog, Litigation Blog/Press Releases, McCutcheon v. FEC Other Links, campaign finance, Contribution limits, McCutcheon v FEC, Supreme Court

Getting out of a self-dug hole

Since the Citizens United and SpeechNow decisions, politicians and political parties have struggled under self-imposed campaign finance laws that once gave them total dominance over the political sphere.  Although lauded as anti-corruption measures, strict campaign finance laws mainly prevented political insurgents from gaining enough of a voice to seriously challenge incumbents. Without a corruption nexus […]

Filed Under: Blog, Completed Case, Featured Content, James v. FEC Other Links, Litigation Blog/Press Releases, McCutcheon v. FEC Other Links, aggregate limits, BNA, James v FEC, McCutcheon v FEC, District Of Columbia, New York