First Amendment

After Citizens United

In this law review article, Michael S. Kang analyzes the trends in the Supreme Court’s rulings on campaign finance cases in light of the landmark decision in Citizens United v. FEC. Kang argues that Justice Anthony Kennedy’s views are driving the direction of the Roberts Court towards a narrower justification for government regulation of campaign […]

Filed Under: Citizens United v. Federal Election Commission, External Relations Sub-Pages, First Amendment, Independent Speech, Issues, Research, Super PACs, Citizens United v. Federal Election Commission, First Amendment, super PACs, Supreme Court, First Amendment, Independent Speech, First Amendment, Independent Speech

Blogger Protection Act of 2008

A bill to protect bloggers from campaign finance regulations.

Filed Under: First Amendment, Internet Regulation, Research

Campaign Finance Red Tape: Strangling Free Speech & Political Debate

Raymond J

Twenty-four states provide citizens the ability to make laws directly through ballot measures. However, these states also strictly restrict the First Amendment rights of citizens to speak out about these ballot measures. As such, various disclosure requirements result in complex registration and reporting requirements that are difficult for even the most highly educated citizens to decipher. In an effort to prove this, the author used an innovative experiment, where a sample of 255 citizens was asked to complete actual disclosure forms. Unsurprisingly, not one person completed the forms correctly. Using these findings, the author argues that these disclosure laws are both unnecessary and an obstacle to the free speech guaranteed to all.

Filed Under: Disclosure, Disclosure, Expenditure, First Amendment, Independent Speech, Issue Advocacy, Research, campaign contributions, Contribution, Contribution Limits, Disclosure, Expenditure, Contributions & Limits, Disclosure, Expenditure, California, Colorado, Missouri

Direct Democracy Works

Until recently, direct democracy scholarship was primarily descriptive or normative. Much of it sought to highlight the processes’ shortcomings. In this paper, John G. Matsusaka describes new research that examines direct democracy from a more scientific perspective. We organize the discussion around four “old” questions that have long been at the heart of the direct […]

Filed Under: Expenditure, First Amendment, Issue Advocacy, Political Committees & 527s, Research, committees, democracy, expenditure, John Matsusaka, money, Political Parties, super PACs, voter, Expenditure, Issue Advocacy, Petition Rights, Political Committees & 527s, Expenditure, Issue Advocacy, Petition Rights, Political Committees & 527s

The Legacy of Buckley v. Valeo

In this paper, CCP Academic Advisor Joel Gora discusses the Buckley case, the 25 years of precedential and political de velopments since the decision, the extraordinary new federal statute that was challenged by Senator McConnell and so many others, a word from our sponsors, and the constitutional crossroads we may be approaching.

Filed Under: First Amendment, First Amendment, First Amendment

The Hydraulics of Campaign Finance Reform

In this Texas Law Review article, authors Samuel Issacharoff and Pamela S. Karlan explain how campaign finance “reform” proposals often go awry. According to Issacharoff and Karlan, it doesn’t take an Einstein to discern a First Law of Political Thermodynamics – the desire for political power cannot be destroyed, but at most, channeled into different forms […]

Filed Under: Faulty Assumptions, First Amendment, Jurisprudence & Litigation, Political Parties, Research, Buckley v. Valeo, Federal Election Campaign Act, Faulty Assumptions, First Amendment, Jurisprudence & Litigation, Faulty Assumptions, First Amendment, Jurisprudence & Litigation, Political Parties

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