Unanimous En Banc DC Circuit Rejects Challenge to Separate Federal Campaign Contribution Limits in Primary and General Election Campaigns

This one always struck me as a weird challenge, and today, per Judge Srinivasan, the D.C. Circuit, sitting en banc, unanimously rejected the argument: Congress’s choice of a per-election structure thus is not a “prophylaxis-upon-prophylaxis”—a second anti-corruption measure layered on … Continue reading

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Much Russian Activity Meddling in 2016 Elections Likely Didn’t Violate Federal Law, Wouldn’t Be Covered by Proposed “Honest Ads Act,” and May Be Beyond (Conservative Justices’ Views of) Constitution to Limit

I’ve already hinted at some of these things in this Politico piece, but I’ve now fleshed it out in the latest draft of my forthcoming First Amendment Law Review article, Cheap Speech and What It Has Done (to American Democracy). … Continue reading

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“Election officials move closer to placing new rules on Facebook and Google”

Washington Post: The Federal Election Commission moved a step closer to placing tighter regulations on Internet ads published on major Web platforms, marking a significant shift for an agency beset by partisan dysfunction and another sign that regulators are seeking to thwart foreign … Continue reading

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“Trump, Twitter, and the Russians: The Growing Obsolescence of Federal Campaign Finance Law”

Tony Gaughan has posted this draft on SSRN (forthcoming, Southern California Interdisciplinary Law Journal).  Here is the abstract: Since the 1970s, federal campaign finance law has been built on four pillars. The first is contribution limits on donations to candidate … Continue reading

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“Facebook, Twitter: Russian actors sought to undermine Trump after election”

Politico: Top lawyers from Facebook and Twitter said Tuesday that Russian-linked posts and advertisements placed on the social networks after Election Day sought to sow doubt about President Donald Trump’s victory. Facebook general counsel Colin Stretch told a Senate Judiciary … Continue reading

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“How corporations are still playing politics more than a century after President Theodore Roosevelt and the Tillman Act”

Michael Beckel for Issue One: For instance, last year in Nevada, the app-based ride-sharing company Uber sponsored campaign mailers and e-mail messages to its riders and drivers urging the reelection of Republican Assemblyman Derek Armstrong, as veteran journalist Jon Ralston … Continue reading

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“Hillary for America, DNC Failed to Disclose Legally Required Information about Funding of Trump-Russia Dossier”

Release: Today, Campaign Legal Center (CLC) filed a complaint with the Federal Election Commission (FEC) alleging the Democratic National Committee (DNC) and Hillary Clinton’s 2016 campaign committee violated campaign finance law. They failed to accurately disclose the purpose and recipient of payments … Continue reading

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