“Liberals Are Left Out in the Cold as Social Media Veers Right”

November 18, 2024, 7:31 amcheap speech, political polarizationRick Hasen

Sheera Frenkel for the NYT: After Donald J. Trump won the election this month, his supporters gravitated to a panoply of online destinations to celebrate. Hundreds of thousands of posts lauding Mr. Trump’s victory filled Truth Social, the social… Continue reading

Tabatha Abu El-Haj Blogging This Week and Next; Justin Levitt Blogging Week of December 2

November 18, 2024, 7:26 amUncategorizedRick Hasen

Please direct your comments and tips to Tabatha and Justin and thanks to them both!

New Report Find X’s Algorithms Changed in July 2024 to Boost Republican-Leaning Accounts and Elon Musk’s Account After Musk’s Trump Endorsement

November 18, 2024, 7:24 amcheap speechRick Hasen

The report from Timothy Graham and Mark Andrejevic (via Bluesky). Abstract: This technical report presents findings from a two-phase analysis investigating potential algorithmic bias in engagement metrics on X (formerly Twitter) by examining Elon Musk’s account against a group… Continue reading

“Kari Lake settles election defamation case brought by Arizona official”

November 18, 2024, 7:16 amfraudulent fraud squadRick Hasen

WaPo: A year-long defamation case against Kari Lake, who falsely blamed a local Arizona election official for her 2022 defeat for governor and has sowed distrust in American election systems, has been settled. The details of the settlement are confidential,… Continue reading

Felony disclosure requirement for federal candidates in North Carolina is not an impermissible additional qualification, Fourth Circuit holds

November 18, 2024, 7:15 amcourt decisions, election administrationDerek Muller

From Sharma v. Hirsch, an opinion by Judge Wilkinson, joined by Judges Richardson and Rushing:

Party Politics is Transactional Politics

November 18, 2024, 6:14 ampolitical parties2024 Election CycleTabatha Abu El-Haj

The theory of associational party building, which Didi Kuo and I have written about, started with my in-depth look at the work of Harry Reid in Nevada. It is perhaps not surprising then that of all the commentary… Continue reading

“Trump is already testing Republicans, and some seem unwilling to defy him”

November 16, 2024, 4:52 pmauthoritarian threats in USRick Hasen

WaPo: The soon-to-be president, who vowed to shake up Washington, this week tapped several highly unconventional candidates for his Cabinet, pressured Senate leadership candidates to back his plans for recess appointments, and is pushing lawmakers to back policy… Continue reading

“These voter fraud claims circulated in Tarrant County. What happened to them?”

November 15, 2024, 11:10 amfraudulent fraud squadRick Hasen

Cody Copeland for the Fort Worth Star-Telegram.

“Inside the Republican false-flag effort to turn off Kamala Harris voters”

November 15, 2024, 7:27 amcampaign finance, campaignsRick Hasen

WaPo: Muslims in Michigan began seeing pro-Israel ads this fall praising Vice President Kamala Harris for marrying a Jewish man and backing the Jewish state. Jews in Pennsylvania, meanwhile, saw ads from the same group with the opposite message:… Continue reading

Bucks County, Pennsylvania election official: “People violate laws any time they want, So, for me, if I violate this law it’s because I want a court to pay attention.”

November 15, 2024, 6:01 amelection administrationDerek Muller

Ugly election administration scene and legal dispute playing out in Pennsylvania, here reported by Katie Bernard, Jeremy Roebuck, Sean Collins Walsh, and Fallon Roth at the Philadelphia Inquirer: It’s been a week since the Associated Press called Pennsylvania’s tight… Continue reading

Pennsylvania: “Dave McCormick once fought to have undated mail ballots counted. Now, in tight race with Bob Casey, he’s suing to block them.”

November 14, 2024, 1:51 pmUncategorizedRick Hasen

Philly Inquirer: As vote counting continues this week in Pennsylvania’s tight Senate race, attention is once again shifting toward the largest and most hotly contested tranche of remaining votes that could help incumbent Democrat Bob Casey make up his… Continue reading

Ed Whelan: “Mike Johnson must block Trump’s scheme on recess appointments”

November 14, 2024, 1:49 pmauthoritarian threats in USRick Hasen

WaPo: President-elect Donald Trump is threatening to turn the Constitution’s appointment process for Cabinet officers on its head. If what I’m hearing on the conservative legal grapevine is correct, he might resort to a cockamamie scheme that would require House … Continue reading

I Spoke to the “Speech Matters” Podcast About the 2024 Election and U.S. Democracy’s Future

November 14, 2024, 1:25 pmElection Meltdown, election subversion risk, First Amendment theoryRick Hasen

You can listen here.

CORRECTED LINK to FILING: Breaking: Republicans File Lawsuit Directly in Pennsylvania Supreme Court, Asking Court to Issue Order Today Directing All 67 PA Counties Not to Count Undated/Misdated But Timely Absentee Ballots (Relevant to McCormick-Casey Senate Race)

November 14, 2024, 8:12 amabsentee ballots, recountsRick Hasen

See this filing. (Corrected link to filing) Whatever one can say of the merits of the counting of such ballots and of this lawsuit (which makes a bizarre Purcell Principle argument), this issue, and statewide uniformity, needs to be… Continue reading