Category Archives: Election Law

The Limits of Campaign Finance Law Abridgement of the First Amendment Tested in Citizens United v. Federal Elections Commission

Activism, Civil Liberties, Constitution, Dumbasses and Authoritarians, Election '08, Election Law, Elections, Free Speech, Freedom of Association, Freedom of the press, General, Individual Rights, Media, Multimedia, Political Correctness, Politics, The Bill Of Rights, The Nanny State, Theory and Ideas

During the 2008 presidential campaign, an organization called Citizens United produced an anti-Hillary documentary called “Hillary: the Movie.” The movie was available on pay-per-view cable channels until the FEC pulled the plug claiming that the broadcast violated campaign finance law. The case, Citizens United v. Federal Elections Commission, is now being considered by the Supreme Court.

During oral arguments, the government’s attorney revealed that campaign finance law as currently written could be interpreted to restrict not only documentaries such as “Hillary” but any other political speech “broadcast” during a campaign. A banned “broadcast” could include a store advertising the sale of candidate dolls, toys, or action figures. Even if the advertisement makes no direct endorsements nor advocates the defeat of a candidate, the mere mention of a candidate’s name or likeness would violate current election law.

But surely books would be safe…right?

Not if the book is “broadcast” on a device such as a Kindle, says the government’s attorney. While the FEC believes “dead tree editions” are currently safe from FEC regulation, former Chief of Staff and Council of the FEC Allison Hayward, says that such regulations could be imposed if congress brought such an interpretation into the law.

In the very beginning of the video below, Steve Simpson, Senior Attorney for the Institute for Justice says something which bears repeating here because he captures exactly the First Amendment problems found in current campaign finance law:

“The problem is not too much money in politics; the problem is too much power in government. Government regulates everything and of course, people want to affect the course of the government. So the campaign finance reformers ultimately what they want to prevent is that. It’s the ability to affect the course of our government; it’s the ability to affect which way people vote. That’s the dirty little secret of campaign finance law. They don’t just want to control money, they want to control speech.”

I would like to believe that free speech will ultimately prevail in Citizens United v. Federal Elections Commission, but given SCOTUS’s history, ruling on the side of the Constitution is by no means sure thing. I also can’t help but wonder how an Obama appointed Justice would rule if this case was before him or her. Which side would receive the most “empathy,” the federal government or a private organization or individual citizen? We already know that such a judge would not be considering “abstract legal theories” such as entailed in the First Amendment.

Stephen Littau
http://fpffressminds.blogspot.com/

Supreme Court Seems Ready To Limit McCain-Feingold

Constitution, Election Law, Elections, Free Speech, Individual Rights

There seemed to be some good news out of yesterday’s oral argument at the Supreme Court in an important campaign finance law case:

The Supreme Court yesterday appeared ready once again to trim the reach of the McCain-Feingold campaign finance reform act, this time at the behest of a conservative group that produced a withering 90-minute political film called “Hillary: The Movie.”

And that was even before the government’s lawyer rattled the justices by asserting that Congress possessed the power — hypothetically — to ban some political books before an election

After a rollicking one-hour argument, it seemed that the question was whether a majority of the court wanted to use an ax or a scalpel to whittle the law, Congress’s embattled attempt to limit the electoral influence of corporations, unions and special interest groups. It is known formally as the Bipartisan Campaign Reform Act of 2002.

While it’s not always easy to predict where the Court will come out based on oral argument, it seems fairly evidence that a majority was skeptical of the government’s application of the law in this case.

That’s a good sign.

Doug Mataconis
http://www.belowthebeltway.com

Nader Scores Big Court Victory for Third Party Candidates

Activism, Ballot Access, Constitution, Democracy, Election Law, Elections, Equal Protection, Free Speech, Freedom, Freedom of Association, General, Government Regulation, History, Human Rights, Independents, Individual Rights, Legal, Petitions, Politics, Strategies For Advancing Liberty, The Bill Of Rights, Theory and Ideas

It’s not often that I sing the praises of unsafe-at-any-speed Ralph Nader, but his recent legal victory is worthy of such praises.

“LOS ANGELES, March 9 /PRNewswire/ — In a significant move for open-election laws, the U.S. Supreme Court today rejected an attempt to overturn a federal Ninth Circuit Court of Appeals’ decision that the state of Arizona could not require independent presidential candidates to register earlier than candidates affiliated with major political parties.

Arizona’s petition for certiorari to the Supreme Court had been closely watched after 13 other states supported Arizona’s bid to have the High Court hear the case. The federal civil rights case, originally filed in Arizona federal district court, stems from Nader’s 2004 presidency bid.

Ralph Nader had challenged the deadline, contending it violated his First Amendment rights to free speech and political association. Lead Attorney Robert Barnes of the Bernhoft Law Firm represented Nader before the Ninth Circuit, which overturned the district court and unanimously declared the Arizona law unconstitutional. Nader’s Bernhoft Law legal team successfully argued that requiring independent candidates to register by June was unfair when the two major political parties did not hold their conventions until the fall.

Perhaps as just as important was the other aspect of Nader’s challenge was the lower court striking down the provision in Arizona law which required petition circulators to be registered to vote within the state. Paul Jacob and others can now circulate petitions to any state government without fear of being put in jail. What a concept!

Stephen Littau
http://fpffressminds.blogspot.com/
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