Category Archives: campaigns

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… Continue reading

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 DemocracyContinue reading

“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