Jonathan Adler at Volokh:
Today a divided panel of the U.S. Court of Appeals for the Sixth Circuit granted the state of Ohio’s application of an emergency stay of a district court injunction barring enforcement of an Ohio law prohibiting foreign nationals from spending money to support or oppose a ballot initiative. The district court concluded that the plaintiffs were likely to succeed in their challenge to the law. In OPAWL—Building AAPI Feminist Leadership v. Yost, a divided panel of the Sixth Circuit disagreed.
Judge Thapar wrote for the court, joined by Judge McKeague. Judge Davis dissented.
Writing for the panel, Judge Thapar rejected the plaintiffs’ arguments that the prohibition is overbroad and that it unconstitutionally restricts the First Amendment rights of lawful permanent residents. While lawful permanent residents have First Amendment rights, Judge Thapar explained, the state also has a compelling interest in preventing foreign money from distorting domestic self-government….,