Breaking News: Three-Judge Court Upholds Ban on Foreign Nationals’ Contributions and Expenditures

The opinion by Judge Kavanaugh is here.  The opinion, applying strict scrutiny, relies upon Supreme Court precedents holding that the government has a compelling interest in preventing foreign influence over “the process of democratic self-government.”

While I am very happy with the ruling, and expect the Supreme Court will likely affirm if and when this case is appealed, I believe the rationale here is in considerable tension—not recognized at all by the panel here—with Citizens United‘s “more speech is better”/”the identity of the speaker” does not matter view of the First Amendment.  I’ve explained that point at length here.

(H/t Ken Vogel.)

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