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 [...]

A&A: City council candidates’ website URLs have been excluded from the city website

Q: Our city is having an election in November for city council members. On the city’s website, they list each candidate’s name, address, phone number, etc.  When I suggested to the city clerk that the candidate’s website address also be included as a public service, I got a response that: ”The City’s responsibility is to [...]

Supreme Court to decide on free speech challenge of Arizona election-finance law

The U.S. Supreme Court will hear an appeal brought by  opponents of  Arizona’s campaign finance law that they say violates the First Amendment. -db Reuters November 29 2010 By James Vicini WASHINGTON, D.C. (Reuters) – The Supreme Court said on Monday that it will decide another campaign finance law, taking up a challenge to Arizona’s [...]

Judge rules Connecticut voters can don wrestling garb to vote

In a resounding blow for free expression, a federal judge has ruled that voters may wear the garb of their favorite wrestler as they go to the polls to vote for Republican Senate candidate Linda McMahon whose husband is the CEO of World Wrestling Entertainment. -db The Christian Science Monitor Commentary October 27, 2010 By [...]

Supreme Court rejects First Amendment argument in upholding ‘soft money’ ban

The U.S. Supreme Court upheld a ban on the use of “soft money” in elections. The Republican National Committee had argued that the ban violated First Amendment rights. -db Jurist June 29, 2010 By Hillary Stemple [JURIST] The US Supreme Court [official website; JURIST news archive] on Tuesday summarily affirmed [order list, PDF] a lower [...]

Florida legislature sends governor new law monitoring nonpolitical organizations during elections

The Florida legislature passed a bill that reforms the “electioneering”  law found unconstitutional last year for violating free speech rights. The law still requires some nonpolitical organizations active in elections to register with the state and submit financial reporting requirements but excludes those focusing entirely on issues. The bill also revived controversial “leadership funds” for [...]

Justices say decision on campaign finance influenced by concerns for freedom for media

In making their recent decision to dismantle key provisions of the campaign finance law, Justice Anthony Kennedy writing the majority opinion, said that even though media are now exempt from restrictions on their expression, if the justices ruled to restrict the free speech of corporations, Congress could take that ruling and enact laws to restrict the media [...]

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 [...]

ACLU suing Nebraska on stringent requirements for independent candidates and ballot initiatives

In suing the state of Nebraska, the American Civil Liberties Union claims that signature requirements for independent candidates and ballot initiatives discourage voter participation and violate their free speech rights. -DB American Civil Liberties Union Press Release December 16, 2009 OMAHA, NE – Burdensome petition signature requirements unlawfully keep independent candidates and ballot initiatives off [...]

Online debate between candidate’s son and unidentified writer provokes another dispute over anonymous speech

Citizen Media Law Project blogger Marc Randazza says that although a comment made by an adult to a teen-ager in an online debate was malicious and juvenile, it was not defamatory and should enjoy First Amendment  protection given court decisions on the right to speak anonymously. -DB To read Marc’s full comment, go here: Citizen Media [...]

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. [...]