On Kavanaugh and Campaign Finance (and Allowing Foreign Interference in Our Elections): Methinks the Bopp Doth Protest Too Much

July 3, 2018, 5:09 pmcampaign finance, Supreme CourtRick Hasen

The National Law Journal has an interesting article on Jim Bopp sending a letter to President Trump and VP Pence arguing against Judge Brett Kavanaugh for SCOTUS on grounds that he’s not deregulatory enough when it comes to campaign finance… Continue reading

Much Russian Activity Meddling in 2016 Elections Likely Didn’t Violate Federal Law, Wouldn’t Be Covered by Proposed “Honest Ads Act,” and May Be Beyond (Conservative Justices’ Views of) Constitution to Limit

November 20, 2017, 7:20 amcampaign finance, campaigns, chicaneryRick Hasen

I’ve already hinted at some of these things in this Politico piece, but I’ve now fleshed it out in the latest draft of my forthcoming First Amendment Law Review article, Cheap Speech and What It Has Done (to American Democracy… Continue reading

“Why Banning Russian Facebook Ads Might Be Impossible”

September 26, 2017, 10:52 amcampaign finance, campaigns, chicaneryRick Hasen

I have written this piece for Politico magazine. It begins: Lost amid the debate over whether Facebook can be trusted to police itself to stop Russian and other foreign interference in future U.S. elections or whether new legislation is necessary… Continue reading

Would Russian Paid Facebook Ads to Help Elect Trump Be Illegal?

September 6, 2017, 2:18 pmchicaneryRick Hasen

Today’s news reveals that Facebook got money, likely from sources connected to the Russian government, to spend ads likely intended to benefit Trump’s election. Is this illegal? The issue is complicated and below I reproduce a footnote from my Cheap … Continue reading

Re Don Jr.: Federal Sentencing Guidelines Punish Campaign Finance Cooperation with Foreign Governments More Severely Than Foreign Nationals

July 24, 2017, 9:59 amcampaign finance, chicaneryRick Hasen

Ciara Torres-Spelliscy: As I explain in a forthcoming law review article, Dark Money as a Political Sovereignty Problem, the federal sentencing guidelines already make a distinction between mere foreign nationals and members of foreign governments. The article states, “[t]he… Continue reading

“Donald Trump Jr.’s Free Speech Defense: It’s as bogus as it sounds.”

July 12, 2017, 1:46 pmcampaign finance, campaigns, chicaneryRick Hasen

I have written this piece for Slate. It begins: Get ready for the latest defense for Donald Trump Jr.’s actions: He had a First Amendment right to collude with the Russians to get dirt on Hillary Clinton. This defense, which… Continue reading

Judge Gorsuch Misstates Citizens United’s Holding, and Inexplicably Says Congress Has Ample Room to Enact Expenditure Limits

March 21, 2017, 8:37 amcampaign finance, Supreme CourtRick Hasen

From an exchange with Sen. Leahy at today’s hearing: Judge Gorsuch, questioned on Citizens United, said the following (my transcription): I think there is lots of room for legislation in this area that this court has left. The Court indicated… Continue reading

“Alaska Speaks Up For Self-Government”

February 4, 2016, 7:44 amcampaign finance, campaignsRick Hasen

Free Speech for People: On Monday, the State of Alaska filed an important legal brief setting forth a bold argument forself-government as a theory for limiting out-of-state money in local and state election campaigns. The state’s lawyers discussed the… Continue reading

More on Foreign Money, Citizens United, and President Obama’s Statement

January 21, 2015, 7:37 pmcampaign finance, Supreme CourtRick Hasen

I’ve gotten some pushback on my claim that part of President Obama’s statement regarding the 5th anniversary of Citizens United was false. The arguments state that foreign money in fact may be coming into our elections, either in the form… Continue reading

President Obama Issues False Statement on Citizens United

January 21, 2015, 10:35 amUncategorizedRick Hasen

President Obama issued this statement on Citizens United’s 5th Anniversary: Our democracy works best when everyone’s voice is heard, and no one’s voice is drowned out. But five years ago, a Supreme Court ruling allowed big companies – including foreign… Continue reading

My Opeds and Commentaries 2012-2013

December 16, 2014, 7:37 amUncategorizedRick Hasen

I am moving them off the sidebar as I spruce things up around here. [links fixed] Voter Suppression’s New Pretext, New York Times, Nov. 15, 2013 Making a Federal Case Out of It: How Democrats May Win the Virginia … Continue reading

“Outside Influence”

January 16, 2014, 8:44 pmcampaign financeRick Hasen

Anthony Johnstone has posted this draft on SSRN (forthcoming, Election Law Journal). Here is the abstract: By what rights do outsiders influence state or local politics? “Outsiders” include an array of persons other than the citizens of the community, including… Continue reading

Happy New Year!

December 31, 2012, 12:24 pmUncategorizedRick Hasen

Once again it has been a busy year for the Election Law Blog and 2013 promises some big news as well in the area of voting rights, campaign finance, filibuster reform/political polarization and other topics. i wish all my readers… Continue reading

Justice Stevens Gives Major Speech Predicting Cracks in Citizens United Doctrine: What is He Up To?

May 30, 2012, 5:23 pmcampaign financeRick Hasen

Lyle Denniston: “Retired Justice John Paul Stevens, a dissenter to the Supreme Court’s controversial 2010 decision in Citizens United v. Federal Election Commission on money in politics, said Wednesday that the Court has already begun paring the scope of… Continue reading