New Article on Democracy and Political Assembly

April 23, 2025, 7:04 amacademic freedom, First Amendment theoryDissent, hate speech, January 6, Peaceable Assembly, pro-Palestinian Protests, Right of Assembly, Title VITabatha Abu El-Haj

At this time, when so many democratic norms and institutions of government and civil society are being challenged, I hope readers of this blog will be interested in my new article, A Right of Peaceable Assembly, forthcoming in the… Continue reading

“What to Know About the Legal Battle Over a North Carolina Supreme Court Race”

April 23, 2025, 5:06 amelection subversion risk, judicial electionsTravis Crum

For additional coverage of a case that Rick H. has been following (see here and here), check out this NYT piece: In North Carolina, the Republican candidate for a State Supreme Court seat has refused to concede to the… Continue reading

Pennsylvania: “DOJ drops lawsuit against City of Hazleton”

April 23, 2025, 5:04 amredistricting, Voting Rights ActTravis Crum

Another Section 2 case dropped by the Trump Administration. The Standard Speaker reports: The U.S. Justice Department dropped a lawsuit Monday to stop the City of Hazleton from electing council members at-large, a change that the lawsuit said would give… Continue reading

“Britain’s hereditary lords hatch a survival plan”

April 23, 2025, 5:03 amcomparative election lawTravis Crum

Politico: Some of Britain’s hereditary peers are already planning a comeback to the House of Lords despite the ruling Labour Party’s plans to boot them out. Peers from multiple parties have discussed the prospect of at least 10 of… Continue reading

“Ohio GOP pushes new rules that voting rights groups say will make it harder to get issues on the ballot”

April 23, 2025, 5:02 amballot access, direct democracy, election administrationTravis Crum

Cleveland.com: The next time someone asks you to sign a petition, they might be wearing a government-issued badge. Republicans say voters deserve to know when someone is being paid to gather signatures, and that a badge will make the… Continue reading

“Missouri campaign watchdog is once again unable to function due to vacancies”

April 23, 2025, 5:01 amcampaign finance, ethics investigationsTravis Crum

Missouri Independent: Last fall, St. Louis attorney Brad Ketcher read the news that a Republican candidate for the Missouri Senate was using money from his church to help fund his campaign. As the chief of staff to former Democratic… Continue reading

Breaking: 4th Circuit, on 2-1 Vote, Halts Likely Unconstitutional “Cure” Order in North Carolina Supreme Court Election Contest. What’s Next?

April 22, 2025, 6:52 pmelection subversion risk, judicial electionsRick Hasen

The court’s order stops what is likely an unconstitutional attempt approved by North Carolina state courts to overturn the results an election to the North Carolina Supreme Court. I’ve written about the irreparable harm from the district court’s allowing a… Continue reading

“Jury finds NY Times not liable in Sarah Palin defamation case”

April 22, 2025, 1:44 pmFirst Amendment theoryTravis Crum

Reuters: A federal jury in Manhattan on Tuesday found the New York Times not liable for allegedly defaming Sarah Palin in a 2017 editorial about gun control, dealing the former Republican U.S. vice presidential candidate a second loss at… Continue reading

Supreme Court Denies Stay in Ohio Ballot Initiative Case

April 22, 2025, 11:53 amdirect democracy, referendum, Supreme CourtTravis Crum

The shadow docket order in Yost v. Brown is here. The case concerns Ohio AG Yost’s repeated refusal to certify a proposed summary of a proposed constitutional amendment. The district court concluded that the ballot initiative proponents’ First Amendment… Continue reading

“3 More Prosecutors Resign Over Adams Case, Refusing to Admit Wrongdoing”

April 22, 2025, 10:14 amchicanery, Department of JusticeRick Hasen

NYT: Three Manhattan federal prosecutors who worked on the criminal corruption case against Mayor Eric Adams of New York City said Tuesday that they would resign rather than admit wrongdoing in refusing to abandon the case, according to an email… Continue reading

“Hundreds of scholars say U.S. is swiftly heading toward authoritarianism”

April 22, 2025, 10:07 amauthoritarian threats in USTravis Crum

NPR: A survey of more than 500 political scientists finds that the vast majority think the United States is moving swiftly from liberal democracy toward some form of authoritarianism. In the benchmark survey, known as Bright Line Watch,… Continue reading

Virginia Felon Disenfranchisement Law: “The Supreme Court Could Take Another Shot at Voting Rights”

April 22, 2025, 7:26 amUncategorizedTravis Crum

This is a fascinating challenge to Virginia’s felon disenfranchisement law on the grounds that it violates the fundamental conditions placed on its 1870 re-admission to the Union. The Court’s docket can be found here. At this stage of the… Continue reading

Arkansas: “Lawsuit claims new ballot laws violate voting rights, seeks court intervention”

April 22, 2025, 7:13 amUncategorizedTravis Crum

KATV News: The League of Women Voters of Arkansas (LWVAR) has filed a lawsuit challenging several state laws that they argue dismantle Arkansas’s ballot initiative process. … The lawsuit, filed Monday, lists 5 bills brought forward by Senator Kim… Continue reading

“The Slippery Slope of Political Iconography”

April 22, 2025, 7:10 amUncategorizedTravis Crum

NYT: Earlier this month Brendan Carr, the chairman of the Federal Communications Commission, decided to swap out his usual American flag lapel pin. Instead of the stars and stripes, he pinned a gold medallion in the shape of President… Continue reading