Independent Speech

'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

Disclosure in a Post-Citizens United Real World

In this article, CCP Chairman Bradley A. Smith examines several practical and constitutional issues with campaign finance disclosure. In particular, Smith scrutinizes those policies being advocated by proponents of greater regulation of political speech in response to the Supreme Court’s 2010 decision in Citizens United v. Federal Election Commission. A primary political reaction to Citizens United […]

Filed Under: Disclosure, Disclosure, Disclosure, External Relations Sub-Pages, Independent Speech, Jurisprudence & Litigation, Research, Stand By Your Ad, Bradley A. Smith, Buckley v. Valeo, campaign finance disclosure, campaign finance reform, Capital University Law School, Center for Competitive Politics, Citizens United v. FEC, Dark Money, FECA, First Amendment, independent speech, money in politics, NAACP v. Alabama, West Virginia University, Disclosure, Independent Speech, Jurisprudence & Litigation, Disclosure, Independent Speech, Jurisprudence & Litigation, Stand By Your Ad

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

Assessing the Potential Effects of Citizens United: Evidence from the States

Critics of the Supreme Court’s 2010 ruling in Citizens United argued it would lead to a flood of corporate and union cash that would warp electoral and policy outcomes. In this August 2012 paper, John Coleman and Timothy Werner test these claims by examining various campaign finance laws at the state level from 1977 through […]

Filed Under: Citizens United v. Federal Election Commission, Independent Speech, Issue Advocacy, Issues, Jurisprudence & Litigation, Research, Independent Speech, Issue Advocacy, Jurisprudence & Litigation, Independent Speech, Issue Advocacy, Jurisprudence & Litigation

Independent Spending & Incumbency, 2010

Using information obtained from the New York Times, Real Clear Politics, state websites, and the Center for Responsive Politics, we were able examine the amount of independent spending against 2010 House incumbents in order to see if there is a correlation between independent spending and the competitiveness of campaigns. We compared spending against incumbents who […]

Filed Under: Independent Speech, Research

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

Poll: Voters, Fueled by Media Reports, Show Misunderstanding of Citizens United

Two years and two election cycles into the Super PAC era, the media firestorm against free speech and association has been palpable. A Google search of the term “Super PAC” reveals dozens of articles warning about the evils of such entities and their supposed negative impact on democracy. Many news accounts mislead or confuse readers […]

Filed Under: First Amendment, Independent Speech, Research, Super PACs, Faulty Assumptions, Political Committees & 527s, Faulty Assumptions, Political Committees & 527s, Poll, District Of Columbia

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