Federal judge rejects San Diego election campaign donation cap

A federal judge ruled that San Diego could not enforce its $1000 cap on donations by political parties to local election campaigns. The city wanted to stem the San Diego’s corrupt political scene, but the judge said she doubted that the anti-corruption interest was credible given the natural connection between parties and candidates. -db From [...]

Federal appeals court rules restrictions on PACs unconstitutional

The Ninth Circuit U.S. Court of Appeals ruled unconstitutional a Washington state law restricting political action committees from taking in donations of $5000 or more in the last three weeks of an election. The state argued that the law was intended to protect voters allowed to mail their ballots 18 days before the election. -db [...]

Montana ruling challenges U.S. Supreme Court Citizens United decision

The Montana Supreme Court fired a cannon shot across the bow of the U.S Supreme Court decision Citizens United that gave political speech rights to corporations. The Montana court upheld a 1912 law passed by initiative that at the time put  restraints on copper mining interests that were dominating state politics. From the Great Falls [...]

Senators want to change Constitution to overturn Citizens United

Two democratic senators have introduced a constitutional amendment to overturn Citizens United. They claim that under the Supreme Court’s Citizens United decision, the democratic system has been damaged with the increased influence of big money in political decisions -db From Truth Out, November 2,  2011, by Zaid Jilani. Full story  

U.S. Supreme Court refuses to hear challenge of campaign finance disclosure rules

A day before the elections, the Supreme Court opted not to hear a challenge to a lower court ruling that upheld disclosure requirements for money SpeechNow.org raised and spent. -db Courthouse News Service November 01, 2010 (CN) – The Supreme Court on Monday refused to weigh in on federal campaign finance disclosure rules the day [...]

Federal district judge upholds Minnesota law requiring corporate disclosure of election spending

A U.S. district judge ruled that a Minnesota law requiring corporations and other interests to report their spending on elections helped the public evaluate speakers and their messages and did not violate the First Amendment. -db Star Tribune September 20, 2010 By James Walsh Saying that voters have “an interest in knowing who is speaking [...]

Law scholars suggest new rules for corporate spending on politics

In a paper in the upcoming edition of the Harvard Law Review, two law school scholars suggest that the freedom granted by the recent Supreme Court decision should carry with it new responsibilities to align their spending on political campaigns with the interests of their stockholders. -db Social Science Research Network September 1, 2010 By [...]

Conn. governor vetoes bill to fix campaign-finance law

Gov. M. Jodi Rell followed through Aug. 2 with her promise to veto a bill that attempts to fix Connecticut’s campaign-finance law after a federal appeals court found parts of it unconstitutional. News August 4, 2010 By The Associated Press HARTFORD, Conn. —The Republican governor issued her veto on the same the day the measure, [...]

Elena Kagan on the First Amendment: Evidence from Her Confirmation Hearings

U.S. Solicitor General and Supreme Court Justice nominee Elena Kagan on First Amendment, cameras at the Supreme Court, campaign finance restrictions, libel and antitrust rulings. -SMD Find Law: First Amendment Commentary July 6, 2010 By  Julie Hilden During last week’s Supreme Court confirmation hearings, U.S. Solicitor General and nominee Elena Kagan made a number of [...]

No system allows voters easy access to identities of special interests funding campaign ads

The Supreme  Court ruling in the Citizens United case opens the door for corporate and union interests to produce ads to influence elections in 2010, and Congress is working on a bill to shed light on sources of the ads. But a Sunlight Foundation blogger says Congress needs to amend the DISCLOSE Act to make [...]

Legislators introduce bill to soften impact of recent Supreme Court decision allowing unlimited corporate campaign spending

House members have introduced a bill that would force disclosure of corporate expenditures on elections and ban foreign companies, federal contractors and bailout beneficiaries from spending on political campaigns.-db The Huffington Post April 20 2010 By Arthur Delaney Democrats hoping to blunt the impact of a recent Supreme Court decision allowing unlimited corporate spending on [...]

Federal judge scraps provisions of San Diego’s campaign-finance laws

In accordance with the U.S. Supreme Court’s recent decision in the Citizens United case, a federal judge struck down several provisions of San Diego’s campaign-finance law and particularly a ban on contributions from political parties and a $500 cap on donations to independent expenditure committees. -db Courthouse News Service February 23, 2010 By Annie Youderian (CN) [...]

Poll: 80% of Americans oppose SCOTUS campaign finance ruling

A new Washington Post-ABC News poll finds that nearly 80% of Republicans, Democrats, and Independents are  united in their opposition to the recent Supreme Court ruling that opens the door for corporations, labor unions, and other organizations to spend money directly from their general funds to influence campaigns. Left and right united in opposition to [...]

Supreme Court decision on Citizens United brings to forefront two views of First Amendment

The Supreme Court’s majority opinion written by Justice Kennedy and the dissent by Justice Stevens shows contrasting views of the First Amendment, one, that untrammeled free speech will eventually produce good results in a democracy, and, two, that free speech must sometimes be regulated to produce the free flow of ideas so essential to a [...]

Campaign finance: Transparency needed more than ever as Supreme Court unleashes special interest money

The executive director of the Sunlight Foundation says that the Supreme Court’s decision striking down key provisions of the McCain-Feingold campaign finance law will unleash a flood of money in the political arena making it even more likely money will influence executive and legislative decisions. -DB Sunlight Foundation Opinion January 21, 2010 By Ellen Miller [...]

New study: Politicians have no problem evading campaign finance laws

A study by the Center for governmental Studies shows that finance laws aimed at taking the undemocratic influences of money out of elections have been circumvented by politicians who have been able to raise money far exceeding contribution limits. -DB Center for Governmental Studies Press Release December 17, 2009 Loopholes, Tricks and End Runs: Evasions [...]

Politicians using social media encounter legal obstacles

As politicians begin using Twitter, etc. to campaign, gain support for legislation and fundraise, they sometimes find themselves up against state and federal law. A Citizen Media Law Project staff attorney says that it is important that the rules be amended regularly to take into account changes in the social media and to avoid stifling free expression. [...]

Sotomayor indicates support for cameras in Supreme Court

In Senate confirmation hearings, Supreme Court nominee Sonia Sotomayor said she favored camera access in the high court but said should she be confirmed she would act with circumspection in making her views known to the Court. -DB First Amendment Center Analysis July 16, 2009 By Tony Mauro WASHINGTON, D.C. — If the Senate confirms Sonia [...]

To take the sleaze out of judicial elections, ethics rules should bar lawyers who contribute money to judges from practicing before those judges

By Peter Scheer In America, a judge ordinarily may not take a “gift” of money from a person or company appearing before him in a legal case. Such a brazen assault on judicial independence is plainly unethical and potentially criminal. Suppose, however, we alter the facts slightly so that the money is offered as a [...]