Mark Schmitt on Disclosure by Bloggers of Payment

See his comments here. One correction on Supreme Court doctrine to Mark’s post: He writes: “Even after the Supreme Court ruling upholding BCRA, preventing corruption or the appearance of corruption by elected officials is the only justification for regulating campaign contributions or other activities.” Not true when it comes to disclosure rules, which the Supreme Court has also held may be justified by an interest in providing valuable information to voters, especially of large money spending in candidate elections. Those interested in this topic of where the Supreme Court’s disclosure law is generally may want to check out my article, The Suprisingly Easy Case for Disclosure of Contributions and Expenditures Funding Sham Issue Advocacy, 3 Election Law Journal 251 (2004) (abstracted here).

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