Monthly Archives: January 2023

“Three Texas counties sue Ken Paxton to settle dilemma over public access to ballots”

January 24, 2023, 2:59 pmUncategorizedRick Hasen

Votebeat: At least three Texas counties — Tarrant, Williamson, and Harris — have sued Attorney General Ken Paxton and are asking a judge to strike down a legal opinion he released last year that says anyone can access voted ballots… Continue reading

“4 more Oath Keepers found guilty of seditious conspiracy tied to Jan. 6 attack”

January 24, 2023, 9:02 amelection subversion riskRick Hasen

Politico: Four members of the far-right Oath Keepers were found guilty on Monday of attempting to derail the transfer of power from President Donald Trump to Joe Biden on Jan. 6, 2021. A jury found that the four men —… Continue reading

“Will the Real G.O.P. Please Stand Up? A National Power Struggle Goes Local.”

January 24, 2023, 7:38 ampolitical partiesRick Hasen

NYT: Zach Scherer, a 20-year-old car salesman and Republican activist in Pennsylvania’s Butler County, decided to run for a seat on the county commission this year — a move that ordinarily would mean seeking the endorsement of local Republican Party… Continue reading

“Google to stop exempting campaign email from automated spam detection”

January 24, 2023, 7:34 amcheap speechRick Hasen

WaPo: Google plans to discontinue a pilot program that allows political campaigns to evade its email spam filters, the latest round in the technology giant’s tussle with the GOP over online fundraising. The company will let the program sunset at… Continue reading

Free Registration for Jan. 26 Webinar with Rachel Maddow and Me: “What ‘Ultra’ Can Teach Us About Threats to American Democracy Today”

January 24, 2023, 7:32 amelection subversion riskRick Hasen

I’m very much looking forward to this online conversation with Rachel Maddow for the Safeguarding Democracy Project on an episode in U.S. history when the risk of sedition was real and substantial. We will explore the limits of journalism and… Continue reading

Federal District Court in Mackey Case Rejects First Amendment Defense to Criminal Prosecution for Spreading Twitter Memes Falsely Telling Hillary Clinton Supporters They Could Vote by Hashtag/Text

January 23, 2023, 4:56 pmcampaigns, cheap speechRick Hasen

You can find the opinion here (h/t Eugene Volokh). I write about this case in Cheap Speech. I think, and the district court agrees, that it does not violate the First Amendment to make it a crime to lie about… Continue reading

“Central Question as Georgia Inquiry Wraps: Will Trump Face Criminal Charges?”

January 23, 2023, 4:20 pmUncategorizedRick Hasen

NYT: A few weeks after losing the 2020 election, President Donald J. Trump called Ronna McDaniel, the head of the Republican National Committee, with a plan for keeping himself in office. During the call, he asked John C. Eastman, an… Continue reading

“Efforts to Expand Ballot Access in Washington State Jails Face Local Pushback”

January 23, 2023, 4:19 pmUncategorizedRick Hasen

Bolts reports.

“Election deniers set sights on next target”

January 23, 2023, 7:58 amelection subversion risk, The Voting WarsRick Hasen

Zach Montellaro for Politico: Swing state voters broadly rejected candidates in last year’s midterms who questioned the results of the 2020 elections. But unfounded accusations of fraud and other malfeasance continue to tear at the machinery of U.S. elections. The… Continue reading

“Close mayoral race wasn’t bought with cinnamon rolls, court rules”

January 23, 2023, 7:50 amvote buyingRick Hasen

WaPo: The political row embroiling the British Columbia village of Pouce Coupe had been baking for months. At the center: six cinnamon rolls that a candidate alleged had been used to butter up voters during the tight mayoral race in… Continue reading

“Supreme Court Puts Off Considering State Laws Curbing Internet Platforms”

January 23, 2023, 7:46 amcheap speech, Supreme CourtRick Hasen

NYT: The Supreme Court asked the Biden administration on Monday for its views on whether the Constitution allows Florida and Texas to prevent large social media companies from removing posts based on the views they express. The practical effect of… Continue reading

“Even after New Mexico shootings, little GOP reckoning over election denialism”

January 23, 2023, 7:43 amelection subversion risk, fraudulent fraud squadRick Hasen

WaPo: Republican officials in New Mexico knew that Solomon Peña, the man police accused last week of orchestrating shootings into the homes of four Albuquerque Democrats, had served nearly seven years in prison forhis role in smash-and-grab thefts before he… Continue reading

“Fox News’ defense in defamation suit invokes debunked election-fraud claims”

January 23, 2023, 7:41 amFirst Amendment theoryRick Hasen

David Folkenflik for NPR: Fox News’ attorneys have set out the starkest defense yet against the accusation the network defamed an election-technology company when it broadcast false claims that the company had cheated then-President Donald Trump of victory in the… Continue reading

“How many Republican voters in Maricopa County chose Katie Hobbs over Kari Lake?”

January 23, 2023, 7:39 amUncategorizedRick Hasen

Arizona Republic: When Kari Lake lost the Arizona governor’s race in November, political experts generally agreed it was because she alienated Republican-leaning voters. A new analysis puts hard numbers on that phenomenon, showing Maricopa County voters who backed GOP candidates… Continue reading