By David Keating
Scott v. Roberts presented Republican gubernatorial candidate Rick Scott’s challenge to a tax-financed campaign scheme the state enacted in 1986 and amended in 1991. The program generally operated as a matching funds program… However, once an opponent to a tax-financed candidate spent over $2/registered voter, the subsidized candidate received a dollar-for-dollar match of his opponent’s spending. The subsidized candidate no longer needed to raise any private funds to receive the subsidy. The law also allowed subsidized candidates to exceed expenditure limits. Judge Pryor held the scheme was likely unconstitutional, and the opinion overturned a district court’s denial of a preliminary injunction…
In Beaulieu v. City of Alabaster, Judge Pryor joined an opinion that held a city’s sign-usage ordinance unconstitutional. The ordinance placed different burdens on commercial and political signs…
Applying strict scrutiny, the panel affirmed the district court ruling, which overturned the ordinance. The panel determined that the city’s interests in aesthetics and safety did not overcome the core political speech at issue.
The Insider: Good Signs for First Amendment in Judge William Pryor’s Rulings on Tax-Financing, Political Sign Cases (In the News)
By David Keating
Good Signs for First Amendment in Judge William Pryor’s Rulings on Tax-Financing, Political Sign Cases
Hon. William Pryor United States Court of Appeals for the Eleventh Circuit (2004-Present) Using our screen to find cases, Judge Pryor wrote or joined an opinion in two First Amendment cases of note while on the Eleventh Circuit. Scott v. Roberts, 612 F.3d 1279 (11th Cir. 2010) Beaulieu v. City of Alabaster, 454 F.3d 1219 […]
Judge Thomas Hardiman Applied Careful Scrutiny and Invalidated PAC Ban, but Passed on Opportunity to Correct DSF Panel Ruling
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) We found four cases relevant to First Amendment speech freedoms where Judge Hardiman either wrote or joined an opinion. Additionally, he voted against a petition for en banc review of Delaware […]
Hon. Raymond Gruender United States Court of Appeals for the Eighth Circuit (June 5, 2004-Present) Summary We found five cases where Judge Raymond Gruender participated in an opinion related to free speech rights. He supported First Amendment speech rights in four of the five cases. Minnesota Citizens Concerned for Life, Inc. v. Swanson, 692 F.3d […]
Judge Neil Gorsuch Writes Sophisticated Concurring Opinion Striking Down Colorado Contribution Limit Disparity
Hon. Neil Gorsuch United States Court of Appeals for the Tenth Circuit (2006-Present) Using our screen to find cases, Judge Gorsuch wrote or joined an opinion in two notable First Amendment cases while on the Tenth Circuit. Riddle v. Hickenlooper, 742 F.3d 922 (10th Cir. 2014) (Gorsuch, J., concurring). Doe v. Shurtleff, 628 F.3d 1217 […]
Hon. Charles Canady Florida Supreme Court (2008-Present, 2010-2012 as Chief Justice); Florida Second District Court of Appeal (2002-2008); United States House of Representatives (1993-2001) To learn more about judge Canady’s views on free speech, we reviewed 87 votes on bills or amendments during his congressional service that may have impacted First Amendment speech rights. An […]
Judge Charles Canady on Judicial Campaign Speech Rights: Pro-Speech, then a Mystery in Williams-Yulee
Hon. Charles Canady Florida Supreme Court (2008-Present, 2010-2012 as Chief Justice); Florida Second District Court of Appeal (2002-2008); United States House of Representatives (1993-2001) Using our initial screen to find cases, Judge Canady wrote or joined an opinion in two First Amendment cases of note while on the Florida Supreme Court. The first was In […]
Hon. Steven Colloton United States Court of Appeals for the Eighth Circuit (2003-Present) Using our initial screen to find cases, Judge Colloton wrote or joined an opinion in three notable First Amendment cases while on the Eighth Circuit: Minnesota Citizens Concerned for Life, Inc. v. Swanson, 692 F.3d 864 (8th Cir. 2012) (en banc) (Colloton, […]
The flag is a symbol of our nation, the best in the world, and our freedoms. But burning it is also free speech…
While the First Amendment is always under assault, two key members of the incoming Trump administration are good friends of free speech.
Vice President-elect Mike Pence is one. He proved this in 2006 when he was one of just 18 Republicans to vote against a GOP-backed bill aimed at shutting down Democratic-leaning advocacy groups. Not only did Pence vote against the bill, he tried to get his colleagues to join him in opposing the measure.
Over Thanksgiving weekend, Trump named Don McGahn as his White House counsel. McGahn did a fantastic job when he was on the Federal Election Commission. He successfully implemented many meaningful reforms there to protect due process rights and free speech. You won’t find a stronger advocate for First Amendment free-speech rights than McGahn.
Trump’s tweet is disturbing. But knowing that he’ll get advice on free speech from Mike Pence and Don McGahn makes me feel a lot better.
Comments and Suggested Language to California Fair Political Practices Commission on Proposed Revisions to Political Reform Act of 1974
PDF of analysis and recommended language available here Ms. Jodi Remke Chairwoman Fair Political Practices Commission 428 J Street, Suite 620 Sacramento, CA 95814 Dear Ms. Remke: As you know, California’s Fair Political Practices Commission (“FPPC”), the body charged with the administration and enforcement of California’s Political Reform Act (“Act”), has partnered with the University […]