“Permissible political influence or impermissible bribery? Cert. petition in Roberson v. U.S. raises that question”

Ron Collins:

The case is Roberson v. United States, a case that may well find its way to the “cert. granted” side of the docket. The issues raised in the case are:

  1. Whether, in a bribery prosecution based on issue-advocacy payments that would otherwise enjoy First Amendment protection, the government must prove that the payments were explicitly linked to official action.
  2. Whether a jury must be instructed that merely “expressing support” for a policy cannot support a conviction under the federal bribery laws.

Here’s the quote I gave Ron about the case: “Roberson looks to be just the kind of case that could interest the Justices, involving the line between political influence permissible under the First Amendment and impermissible bribery. Bribery laws stand likely to be further weakened on First Amendment grounds if the Court agrees to hear this case.”

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