“Senators Introduce Bill to Protect Election Systems from Cyberattacks”

Release: Lawmakers in the Senate introduced legislation today that would help states prevent cyberattacks on election infrastructure and enhance confidence in vote totals from electronic voting machines. The bill comes amid ongoing revelations about Russia’s unprecedented attempts to interfere in … Continue reading

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Unanimous 9th Circuit Panel, in Opinion by Judge Bybee, Upholds Montana Law Barring Judicial Candidates from Seeking, Accepting, or Using Political Party Endorsements

From the opinion: Montanans select their judges through nonpartisan popular elections. In an effort to keep those elections nonpartisan, Montana has restricted judicial-campaign speech. One of those restrictions is before us—a rule that prohibits candidates from seeking, accepting, or using … 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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“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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“Homegrown ‘fake news’ is a bigger problem than Russian propaganda. Here’s a way to make falsehoods more costly for politicians.”

Brendan Nyhan and Yusaku Horiuchi for the Monkey Cage: One promising approach is summary fact-checking — an increasingly popular format that presents an overview of fact-checking ratings for a politician. This is distinct from focusing on whether a single statement is true or false; rather, … Continue reading

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