Jurisprudence & Litigation

Citizens United v. FEC: Facts and Falsehoods

“If the First Amendment has any force, it prohibits Congress from fining or jailing citizens, or associations of citizens, for simply engaging in political speech.” – Citizens United v. Federal Election Commission, 558 U.S. 310, 349 (2010) The U.S. Supreme Court’s 2010 ruling in Citizens United v. Federal Election Commission struck down a provision of […]

Filed Under: Blog, Citizens United v. Federal Election Commission, Disclosure, Disclosure, Disclosure, Disclosure Handouts, First Amendment, Independent Speech, Issues, Jurisprudence & Litigation, Research, Disclosure, First Amendment, Independent Speech, Jurisprudence & Litigation, Disclosure, First Amendment, Independent Speech, Jurisprudence & Litigation

Super PACs: Expanding Freedom of Speech

“[T]he government can have no anti-corruption interest in limiting contributions to independent expenditure–only organizations.” – SpeechNow.org v. Federal Election Commission[1] The product of a 2010 court ruling, “super PACs” have been a boon to citizens wishing to more effectively speak about elections. Legally, they have ensured that Americans do not lose their First Amendment rights […]

Filed Under: Blog, Disclosure, Disclosure, Disclosure, Disclosure Handouts, Independent Speech, Issues, Jurisprudence & Litigation, Super PACs, SpeechNow.org v. FEC, The Media, Disclosure, Independent Speech, Jurisprudence & Litigation, Disclosure, Independent Speech, Jurisprudence & Litigation

A World Without Buckley v. Valeo

“The concept that government may restrict the speech of some elements of our society in order to enhance the relative voice of others is wholly foreign to the First Amendment.” – Buckley v. Valeo, 424 U.S. 1, 48 (1976) Decided over forty years ago, the landmark 1976 Supreme Court decision, Buckley v. Valeo, remains at […]

Filed Under: Blog, Contribution Limits, Contribution Limits, Contribution Limits Handouts, Contributions & Limits, Disclosure, Disclosure, Disclosure, Disclosure Handouts, Expenditure, First Amendment, Independent Speech, Issues, Jurisprudence & Litigation, Money in Politics, Research, buckley, Buckley v. Valeo, Contributions & Limits, Disclosure, Expenditure, First Amendment, Independent Speech, Jurisprudence & Litigation

Free Speech Under Fire: The Future of the First Amendment

In a set of remarks preceded by Brooklyn Law School President and Joseph Crea Dean Nicholas W. Allard, famed First Amendment lawyer Floyd Abrams muses on the recent and founding history of First Amendment law. Abrams is a longtime partner at Cahill Gordon & Reindel and was counsel on well-known First Amendment cases like the Pentagon […]

Filed Under: First Amendment, Jurisprudence & Litigation, Research, Antonin Scalia, Austin v. Michigan Chamber of Commerce, Bill of Rights, Brown v. EMA, corruption, Floyd Abrams, Founding Fathers, Hill v. Colorado, Nicholas W. Allard, Samuel Alito, Stephen Breyer, First Amendment, Jurisprudence & Litigation, First Amendment, Jurisprudence & Litigation

A Landmark Decision Turns Forty: A Conversation on Buckley v. Valeo

In this series of essays by Brooklyn Law School President and Joseph Crea Dean Nicholas W. Allard, U.S. Court of Appeals Senior Judge and former U.S. Senator James L. Buckley, and former ACLU Executive Director Ira Glasser, the authors discuss the landmark Buckley v. Valeo Supreme Court decision after its 40th anniversary. Written as part […]

Filed Under: Contributions & Limits, Disclosure, Expenditure, Independent Speech, Jurisprudence & Litigation, Research, ACLU, Buckley v. Valeo, corporate speech, corruption, eugene mccarthy, FECA, Ira Glasser, James L. Buckley, Nicholas W. Allard, Contribution Limits, Disclosure, Expenditure, Independent Speech, Jurisprudence & Litigation, Contributions & Limits, Disclosure, Expenditure, Independent Speech, Jurisprudence & Litigation

Free Speech Matters: The Roberts Court and the First Amendment

In this article, Brooklyn Law School Professor Joel M. Gora, a CCP Academic Advisor, examines the impact of the Roberts Court on First Amendment rights after ten years, particularly with regards to campaign finance law in cases like Citizens United v. FEC and McCutcheon v. FEC. Written as part of a symposium on “Free Speech Under Fire” […]

Filed Under: Contributions & Limits, Expenditure, First Amendment, Independent Speech, Issue Advocacy, Jurisprudence & Litigation, Research, Taxpayer Financed Campaigns, Antonin Scalia, Arizona Free Enterprise Club’s Freedom Club PAC v. Bennett, Buckley v. Valeo, Chief Justice John Roberts, Citizens United v. FEC, Joel Gora, McCutcheon v FEC, The Roberts Court, Contribution Limits, Expenditure, First Amendment, Independent Speech, Issue Advocacy, Jurisprudence & Litigation, Taxpayer Financed Campaigns, Contributions & Limits, Expenditure, First Amendment, Independent Speech, Issue Advocacy, Jurisprudence & Litigation, Taxpayer Financed Campaigns

Outsourcing Politics: The Hostile Takeovers of Our Hollowed out Political Parties

In this article by New York University School of Law Professor Samuel Issacharoff, the author examines the effect of multiple factors, including strict campaign finance regulations, on the health of our nation’s political parties. As Issacharoff explains, in 2016, both the Republicans and Democrats experienced efforts at hostile takeover of their presidential campaigns. On the […]

Filed Under: Contributions & Limits, Coordination, Jurisprudence & Litigation, Political Parties, Research, Democratic Party, Republican Party, Ronald Coase, Samuel Issacharoff, V.O. Key, Contributions & Limits, Coordination, Jurisprudence & Litigation, Political Parties

The Academy, Campaign Finance, and Free Speech Under Fire

In this short essay, Center for Competitive Politics Chairman and Co-Founder and Capital University Law School Professor Bradley A. Smith argues that academic efforts to fit campaign finance restrictions within the rubric of the First Amendment have distorted First Amendment doctrine and contributed to a decline in respect for free speech generally. Written as part […]

Filed Under: First Amendment, Independent Speech, Jurisprudence & Litigation, Research, Bradley A. Smith, corruption, Larry Lessig, Richard Hasen, Robert Post, Zephyr Teachout, First Amendment, Independent Speech, Jurisprudence & Litigation, First Amendment, Independent Speech, Jurisprudence & Litigation

Seven Myths about Disclosure Masquerading as “Realities”

This Issue Brief by Center for Competitive Politics Senior Fellow Eric Wang[1] analyzes seven alleged “myths” about campaign finance disclosure as discussed by the pro-regulation Campaign Legal Center. The Campaign Legal Center (CLC) recently issued a briefing paper worthy of Lewis Carroll.[2] Purporting to explain “Seven Myths (and Realities) about Disclosure,”[3] the CLC paper instead […]

Filed Under: Blog, Citizens United v. Federal Election Commission, Corporate Governance, Corporate Governance Handouts, Disclosure, Disclosure Handouts, Jurisprudence & Litigation, Research, Super PACs, Super PACs, Campaign Legal Center, Electioneering Communications, federal election commission, NAACP v. Alabama, Securities and Exchange Commission, Disclosure, Jurisprudence & Litigation, Disclosure, Jurisprudence & Litigation, Super PACs

Neutral Principles and Some Campaign Finance Problems

In this William and Mary Law Review article by John O. McGinnis, the author discusses both positive and normative objectives in regards to regulating matters of campaign finance. As a positive matter, the article shows that the Roberts Court’s campaign finance regulation jurisprudence can be best explained as a systematic effort to integrate that case law […]

Filed Under: First Amendment, Jurisprudence & Litigation, Research, John O. McGinnis, The Roberts Court, William and Mary Law Review, First Amendment, Jurisprudence & Litigation, First Amendment, Jurisprudence & Litigation

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