First Amendment

Reconsidering Citizens United as a Press Clause Case

In this article, Stanford Law Professor Michael McConnell argues that the central flaw in the analysis of Citizens United by both the majority and the dissent was to treat it as a free speech case rather than a free press case. According to McConnell, the right of a group to write and disseminate a documentary film criticizing […]

Filed Under: Citizens United v. Federal Election Commission, External Relations Sub-Pages, First Amendment, Independent Speech, Issues, Jurisprudence & Litigation, Press, Research, Center for Competitive Politics, Michael W. McConnell, Reconsidering Citizens United As A Press Clause Case, Yale Law Journal, Independent Speech, Jurisprudence & Litigation, Independent Speech, Jurisprudence & Litigation, Press

In Defense of “Super PAC’s” and of the First Amendment

In this article, CCP Academic Advisor and Brooklyn Law School Professor Joel Gora offers a defense of “Super PACs” and of the First Amendment principles that they embody; namely, that in order to make our democracy work, we need a robust, wide-open and uninhibited discussion of politics and government. Although Super PACs have gotten bad […]

Filed Under: First Amendment, Independent Speech, Research, Super PACs, Academic Advisory Board, ACLU, Brooklyn Law School, Buckley v. Valeo, campaign finance, campaign finance reform, Center for Competitive Politics, Citizens United v. Federal Election Commission, First Amendment, free speech, independent expenditure, independent speech, independent spending, Joel Gora, money in politics, SpeechNow.org v. FEC, super PACs, First Amendment, Independent Speech, First Amendment, Independent Speech

Separation of Campaign and State

In this George Washington Law Review article, Center for Competitive Politics Chairman and Founder Bradley A. Smith assesses Roberts Court jurisprudence in campaign finance cases and argues for a “separation of campaign and state” doctrine. As Smith explains, in a pair of recent decisions, Davis v. FEC and Arizona Free Enterprise Club’s Freedom Club PAC […]

Filed Under: Citizens United v. Federal Election Commission, First Amendment, Jurisprudence & Litigation, Research, Arizona Free Enterprise Club’s Freedom Club PAC v. Bennett, Bradley A. Smith, Davis v. FEC, FEC v. Wisconsin Right to Life, George Washington Law Review, Randall v. Sorrell, First Amendment, Jurisprudence & Litigation, First Amendment, Jurisprudence & Litigation

Campaign Spending and Electoral Competition: Towards More Policy Relevant Research

Despite long-standing scholarly literature on the electoral effects of campaign spending, academic research provides little practical policy guidance. In part, this is because existing studies have focused narrowly on some vexing statistical issues, while ignoring many others. However, this is also because political scientists have not devoted enough effort to conducting evaluation studies of how […]

Filed Under: Contribution Limits, Contribution Limits, Contributions & Limits, Expenditure, External Relations Sub-Pages, Faulty Assumptions, First Amendment, Political Parties, Research, campaign finance, campaign finance reform, campaign spending, First Amendment, Jeff Milyo, money in politics, political science research, Contribution Limits, Expenditure, Faulty Assumptions, First Amendment, Political Committees & 527s, Contributions & Limits, Expenditure, Faulty Assumptions, First Amendment, Political Committees & 527s

'Super PACs' and the Role of 'Coordination' in Campaign Finance Law

In the Supreme Court’s 2010 decision in Citizens United v. FEC, the Court struck down a federal ban on independent expenditures in political campaigns by corporations. The Court held that independent spending could not create the type of “corruption” that the Court has recognized as a compelling government interest sufficient to overcome the intrusion of […]

Filed Under: Coordination, External Relations Sub-Pages, First Amendment, Independent Speech, Issues, Jurisprudence & Litigation, Research, Super PACs, Super PACs, Bradley A. Smith, Buckley v. Valeo, Center for Competitive Politics, Citizens United v. Federal Election Commission, coordination, corruption, money in politics, SpeechNow.org, super PACs, Supreme Court, Willamette Law Review, Coordination, First Amendment, Independent Speech, Jurisprudence & Litigation, Coordination, First Amendment, Independent Speech, Jurisprudence & Litigation

Free Speech, Fair Elections, and Campaign Finance Laws: Can They Co-Exist?

A prominent politician once observed that, “You can either have free speech or fair elections, but you can’t have both.” In this article, CCP Academic Advisor and Professor of Law at Brooklyn Law School Joel M. Gora argues that saying has it all backwards. In fact, you cannot have one without the other. The election of 2012 […]

Filed Under: Contribution Limits, Contribution Limits, Contributions & Limits, Expenditure, Faulty Assumptions, First Amendment, Independent Speech, Money in Politics, Research, Super PACs, Super PACs, campaign contributions, campaign finance, Contribution limits, First Amendment, free speech, money in politics, super PACs, Contribution Limits, Faulty Assumptions, First Amendment, Independent Speech, Contributions & Limits, Faulty Assumptions, First Amendment, Independent Speech

Smith, Wang, Discuss FEC Reform at GW Panel

On Tuesday, CCP Chairman Brad Smith and CCP Senior Legal Fellow Eric Wang participated in a panel, “The Future of the Federal Election Commission (FEC),” held at The George Washington University Law School.  The event was sponsored by Citizens for Responsibility and Ethics in Washington (CREW), but was designed to be a neutral forum in […]

Filed Under: Blog, Faulty Assumptions, First Amendment, Independent Speech

Move to Defend: The Case against the Constitutional Amendments Seeking to Overturn Citizens United

In this essay, CCP Academic Advisor John Samples looks at the Citizens United v. Federal Election Commission decision. It found that Congress lacked the power to prohibit independent spending on electoral speech by corporations. A later lower-court decision, SpeechNow v. Federal Election Commission, applied Citizens United to such spending and related fundraising by individuals. Concerns about the […]

Filed Under: First Amendment, Independent Speech, Issue Advocacy, Jurisprudence & Litigation, Political Committees & 527s, Research, Super PACs, First Amendment, Independent Speech, Issue Advocacy, Political Committees & 527s, First Amendment, Independent Speech, Issue Advocacy, Political Committees & 527s

Donor Disclosure: Undermining the First Amendment

In this essay, Cleta Mitchell, partner in the Washington, D.C. office of Foley & Lardner LLP and a member of the firm’s Political Law Practice, examines campaign finance disclosure both as a policy and as a response to the Supreme Court’s 2010 decision in Citizens United v. FEC, which freed corporations, labor unions, and trade […]

Filed Under: Disclosure, Disclosure, Disclosure, Disclosure State, External Relations Sub-Pages, First Amendment, Independent Speech, Jurisprudence & Litigation, Research, campaign finance disclosure, campaign finance reform, Center for Competitive Politics, Citizens United v. FEC, Cleta Mitchell, Donor Disclosure, Foly & Lardner, money in politics, Disclosure, First Amendment, Independent Speech, Jurisprudence & Litigation, Disclosure, First Amendment, Independent Speech, Jurisprudence & Litigation, Minnesota

Montana’s Supreme Court Relies on Erroneous History in Rejecting Citizens United

In this paper, constitutional historian Robert G. Natelson explains the Montana Supreme Court’s recent decision in Western Tradition Partnership v. Attorney General, in which it won national attention when it decided that the First Amendment does not fully protect the speech and association rights of people using the corporate form within Montana. The basis for […]

Filed Under: Citizens United v. Federal Election Commission, First Amendment, Independent Speech, Jurisprudence & Litigation, Western Tradition Partnership v. Bullock Other Links, First Amendment, Independent Speech, Jurisprudence & Litigation, First Amendment, Independent Speech, Jurisprudence & Litigation, Montana

The Center for Competitive Politics is now the Institute for Free Speech.