Hon. Thomas Hardiman United States Court of Appeals for the Third Circuit (2007-Present); United States District Court for the Western District of Pennsylvania (2003-2007) This post explores two additional cases involving Judge Hardiman of the Third Circuit. (For our first post analyzing Judge Hardiman’s record on free speech, click here.) Judge Hardiman joined an opinion […]
Judge Raymond Kethledge Applies Careful Scrutiny in Striking Contribution Ban, But Waves Through a Law Targeting a Union
Hon. Raymond Kethledge United States Court of Appeals for the Sixth Circuit (2008-Present) We found six cases where Judge Kethledge wrote or joined an opinion related to First Amendment free speech rights. I have ranked them according to my view of the relative importance of each opinion. The first three cases are important, and roughly […]
More on Judge Diane Sykes: Despite Strong Pro-Free Speech Rulings, Two Cases Where She Upheld Restrictions
Hon. Diane Sykes United States Court of Appeals for the Seventh Circuit (2004-Present); Wisconsin Supreme Court (1999-2004); Milwaukee County Circuit Court (1992-1999) This post is the last in a series exploring the free speech views of Judge Diane Sykes. (Part 1 is here, and part 2 is here.) This post explores two decisions Sykes joined […]
More on Judge Diane Sykes: From Backpage’s Adult Ads to Anti-Gay Protests, a Strong Defense of Free Speech
Hon. Diane Sykes United States Court of Appeals for the Seventh Circuit (2004-Present); Wisconsin Supreme Court (1999-2004); Milwaukee County Circuit Court (1992-1999) This post is the second in a series exploring the free speech views of Judge Diane Sykes. Our first post exploring Judge Sykes’ views on free speech can be found here. In this […]
New York Times: South Dakota Legislators Seek Hasty Repeal of Ethics Law Voters Passed (In the News)
By Monica Davey and Nicholas Confessore
Stung by scandal and rebelling against a state government known for its resistance to public scrutiny, South Dakota voters narrowly approved a ballot measure in November to impose ethics oversight and campaign finance restrictions aimed at cleaning up the capitol in Pierre…
Some organizations that oppose restrictions on political spending in the name of free speech said that the South Dakota initiative was poorly drafted and overly broad. David Keating, the president of the Center for Competitive Politics, said the measure as written was likely to be mired in state and federal litigation for years.
“It was one of the most poorly written proposals we’ve seen,” Mr. Keating said. “I think there’s a legitimate worry that the legislature has and the governor has, which is that this could be in the courts for a long time, and it could cost a lot of money to litigate it. So why not start with a clean sheet?”
By Bruce Edward Walker
Post-Citizens United, the left doubled down on free-speech efforts in a manner that makes even the most outrageous claims about McCarthyism seem banal by comparison. In her book, Strassel hopscotches through these efforts adroitly beginning with the targeting of Tea Party groups by the Internal Revenue Service team led by Lois Lerner…
Just last week, amicus briefs were filed with the U.S. Supreme Court related to Independence Institute vs. FEC. At issue is the Federal Election Commission’s demand for the Colorado-based Independence Institute’s donor information after the think tank ran an advertisement urging readers to contact their legislators in support of a sentencing reform bill.
Donors possess any number of reasons for desiring anonymity for their political activities, including freely yet privately expressing their respective religious beliefs in the public sphere without any threat of retaliation. Strassel’s Intimidation Game is perhaps the best casebook explaining why demanding donor transparency is far worse than McCarthyism.
By Dan Curran
Is the era of marketing arrogance coming to an end?
The 2016 presidential election made it painfully clear that conventional tactics can spell doom. Politicians come and go, but the real losers are the marketing fools who helped Jeb with his exclamation mark and offered Hillary #ImWithHer.
Blaming bad slogans is oversimplifying these foiled, expensive campaigns, but the fact remains: Antiestablishment marketing methodologies have officially bypassed “Mad Men”-era tactics.
Consider these numbers: According to the Center for Competitive Politics, Clinton’s campaign outspent Trump’s by more than double. Pro-Clinton TV ads outnumbered pro-Trump ads by an even larger margin: 383,512 to 125,617. And at $159.3 million, more money was spent on Bush than Trump during the primaries. Yet he defeated both.