“Fiction vs Reality: My Texts with Michael Shellenberger”

March 31, 2023, 2:02 pmcheap speech, chicanery, fraudulent fraud squadRick Hasen

Renee DiResta: For several months earlier this year, I’d been chatting with Michael Shellenberger about the Twitter Files. He’d reached out to me in a Twitter DM on December 30th, telling me he wanted to better understand social media content… Continue reading

In Dominion Defamation Suit Against Fox News, Trial Court Grants Partial Summary Judgment on Falsity of Fox Statements About Election, Leaving Open Issues of Actual Malice, Corporate Responsibility, and Damages

March 31, 2023, 1:59 pmfraudulent fraud squadRick Hasen

This is quite a loss for Fox, depriving them of the chance to raise all kinds of legal and factual issues. See the 130-page opinion: Through its extensive proof, Dominion has met its burden of showing there is no… Continue reading

“Social Media Influencer Douglass Mackey Convicted of Election Interference in 2016 Presidential Race”

March 31, 2023, 1:54 pmcheap speechRick Hasen

DOJ Release: Douglass Mackey, also known as “Ricky Vaughn,” was convicted today by a federal jury in Brooklyn of the charge of Conspiracy Against Rights stemming from his scheme to deprive individuals of their constitutional right to vote. The verdict… Continue reading

Wisconsin: “Dan Knodl says he would consider impeaching Janet Protasiewicz if he is elected to the Senate”

March 31, 2023, 7:55 amUncategorizedRick Hasen

Milwaukee Journal-Sentinel: Republican state Senate candidate Dan Knodl says if his election gives Senate Republicans a two-thirds majority, he would “certainly consider” support launching impeachment proceedings against Wisconsin Supreme Court candidate Janet Protasiewicz. Wisconsin Republicans are defending a two-thirds majority… Continue reading

Matthew Seligman Testimony Before House Committee on Social Media Company Content Moderation Decisions and Government Censorship

March 31, 2023, 7:54 amUncategorizedRick Hasen

An important corrective to the nonsense coming out of the House “Weaponization” committee.

“Nonprofits, campaign finance and more blows to democracy”

March 31, 2023, 7:45 amcampaign finance, tax law and election lawRick Hasen

Lucy Bernholz blogs, responding to my draft paper, Nonprofit Law as the Tool to Kill What Remains of Campaign Finance Law: Reluctant Lessons from Ellen Aprill: In a nutshell, Professor Hasen uses Professor Aprill’s work to show the… Continue reading

“Many Democracies Have Prosecuted Ex-Leaders. The Politics Can Be Tough.”

March 31, 2023, 7:40 amUncategorizedRick Hasen

NYT: “It’s always a big deal when a former president or prime minister is indicted, but in most democracies, it is normal when they’re credibly accused of serious crimes,” said Steven Levitsky, a professor of government at Harvard who has… Continue reading

“Why This Indictment Can’t Stop Donald Trump From Being Elected President”

March 31, 2023, 7:37 amUncategorizedRick Hasen

Time: Former President Donald Trump was indicted by the Manhattan district attorney on Thursday for his role in paying alleged hush money to a porn star. The move raised a number of legal questions as Trump vies for the 2024… Continue reading

Justin Levitt is Primary ELB Blogger Next Week

March 31, 2023, 7:34 amUncategorizedRick Hasen

Please direct any tips and comments to Justin beginning Monday. Glad to have him back!

CNN: “Donald Trump indicted by Manhattan grand jury on more than 30 counts related to business fraud”

March 31, 2023, 7:33 amUncategorizedRick Hasen

CNN: Donald Trump faces more than 30 counts related to business fraud in an indictment from a Manhattan grand jury, according to two sources familiar with the case – the first time in American history that a current or former… Continue reading

Breaking: NYT Reports Grand Jury Votes to Indict Donald Trump for a Felony Related to “Hush Money” Payments; No Information Yet on Whether There is an Attempt to Bootstrap a Federal Campaign Finance Charge (Which May Not Work)

March 30, 2023, 2:36 pmcampaign finance, chicaneryRick Hasen

Breaking NYT: A Manhattan grand jury voted to indict Donald J. Trump on Thursday for his role in paying hush money to a porn star, according to four people with knowledge of the matter, a historic development that will… Continue reading

“Here’s how protected election system blueprints are making their way into far-right circles”

March 30, 2023, 11:25 amelection subversion risk, fraudulent fraud squad, voting technologyRick Hasen

LA Times: On the third day of the Conservative Political Action Conference earlier this month, two men delivered on experts’ biggest concerns about attempts to access election machines after the 2020 election. Using copies of election software — improperly… Continue reading

“Defamation and Democracy: The Democracy Case for Preserving the ‘Actual Malice’ Standard”

March 30, 2023, 9:55 amFirst Amendment theoryRick Hasen

John Langford, Rachel Goodman, and Rebecca Lullo have written this policy brief for Protect Democracy and Law for Truth.

Federal courts note circuit split on whether the “materiality” provision of the Civil Rights Act of 1964 includes a right privately enforceable under Section 1983

March 30, 2023, 8:50 amabsentee ballots, court decisionsDerek Muller

The “materiality” provision of the Civil Rights Act of 1964 is as follows: No person acting under color of law shall . . . deny the right of any individual to vote in any election because of an error or… Continue reading

Election Law Blog

The law of politics and the politics of law