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EDVa Strikes Down Ban on Corporate Direct Candidate Contributions
26 May 2011 2:57 PM
Today, Senior Judge James C. Cacheris , applied Citizens United v FEC , 130 U.S. 876 (2010) , to dismiss a count of directing corporate contributions to a Presidential campaign, holding that a complete ban on corporate contributions to candidates is unconstitutional (Judge Cacheris notes that the same limits that apply to individual contributions would apply...
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Stephen Colbert Advisory Opinion Request, No Kidding.
13 May 2011 7:03 PM
Today's Politico carried a story about Comedy Central's Stephen Colbert appearing in person at the FEC to file an Advisory Opinion request. Ken Vogel's piece does a great job relating Colbert's long-running Citizens United v. FEC schtick from the Colbert Report to the serious campaign finance law issues raised by his announcement of the Colbert...
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Former FEC Chair Smith joins litigation team to create "Super-Duper" PACs
27 Apr 2011 5:19 PM
Prof. Bradley A. Smith , former chairman of the FEC; Allison Hayward , vice-president for policy at the Center for Competitive Politics (CCP) and RNLA member; and Allen Dickerson , CCP's legal director, have signed on as co-counsel in Carey et al v. FEC (D.D.C. Civ. No. 11- 259-RMC). RADM James J. Carey, USN (ret), chairman of the National Defense PAC , along...
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DISCLOSE Act Slated for Senate Consideration TOMORROW
26 Jul 2010 10:14 AM
After rewriting the Senate version of the DISCLOSE Act, Senator Schumer began the Rule 14 process – a maneuver used to bypass action by the Rules and Administration Committee, which has jurisdiction over the bill – to get the new version on the Senate calendar and force a vote before Congress recesses in August. The DISCLOSE Act has now been slated...
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Schumer Introduces New Version of DISCLOSE Act
22 Jul 2010 2:22 PM
After Democrats in the Senate apparently struggled to get the votes to pass the DISCLOSE Act, they have launched a new strategy to pass the legislation, which aims to reverse the Supreme Court's decision in Citizens United . Last night, Senator Chuck Schumer (D-NY) introduced a new version of the DISCLOSE Act . The new bill could come to the floor of the...
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Former FEC Chairman Bradley A. Smith: “Disclosed Partisanship”
1 Jun 2010 2:59 PM
While the DISCLOSE Act was pulled from consideration in the U.S. House of Representatives last week, a Democratic source told Roll Call newspaper that, “It’s going to be one of the first things we take up when we get back.” Thus, the DISCLOSE Act could be voted on as soon as June 9th. In a 1996 memorandum to deputy chief of staff Harold Ickes...
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DISCLOSE Act – the Citizens United “Fix” – To Come to a Vote in the House This Week
26 May 2010 4:09 PM
H.R. 5175, the DISCLOSE Act, which is an attempt by Democratic legislators to reverse the Supreme Court’s ruling in Citizens United v. FEC , will likely come to a vote in the House of Representatives on Friday. It is crucial that this bill not be passed. Not only is DISCLOSE a clear, unconstitutional restriction on First Amendment rights to Free Speech...
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Was Somebody Missing from the DISCLOSE Act Hearings?
14 May 2010 10:21 AM
Former Chairman of the FEC Dave Mason makes the case that the hearings on legislation to mute the effects of Citizens United v. FEC lacked a key witness, the agency that would be tasked with administering the new law. The Un-DISCLOSEd Witness By: Dave Mason Special to The Examiner 05/13/10 5:57 PM EDT Every so often a congressional committee holds a hearing with...
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House Hearing on Citizens United Fix
7 May 2010 2:22 PM
The Committee on House Administration held a hearing yesterday on "H.R. 5175, The DISCLOSE Act, Democracy is Strengthened by Casting Light on Spending in Elections." Among those testifying before the committee on the Citizens United fix were David Bossie, President of Citizens United, and Ted Olson, the man who successfully argued the case before the...
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Citizens United, Elena Kagan, and Banning Books
7 May 2010 10:36 AM
Former FEC Chairman Brad Smith has a great piece in the American Spectator discussing the scope and ramifications of Citizens United v. FEC . Citizens United We Stand By Bradley A. Smith from the May 2010 issue March 24, 2009, was a turning point in the long-running battle to restrict political speech, aka "campaign finance reform." On that day...
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Free Speech for Some – WSJ Commentary on Democrats Citizens United Legislation
3 May 2010 9:53 AM
Check out what the Wall Street Journal is saying about the DISCLOSE Act. Free Speech for Some: Unions get a pass from new campaign finance disclosure rules. Democrats in Congress last week introduced White House-backed legislation that would indirectly reinstate free-speech restrictions that the Supreme Court declared unconstitutional in January. Backers say...
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Update on Van Hollen-Schumer Citizens United Fix
20 Apr 2010 11:57 AM
The Hill reports that "Democrats have been unable to find a GOP co-sponsor of highly anticipated campaign finance reform legislation, delaying the rollout of a measure aimed at counteracting a landmark Supreme Court ruling." Apparently, Sen. Chuck Schumer (D-NY) and Rep. Chris Van Hollen (D-MD) planned to roll out the legislation at the end of last...
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Obama to Push Citizens United Legislative Fix?
29 Mar 2010 3:23 PM
Politico reported today that the President plans to "push Congress to close campaign-finance loopholes opened by the Citizens United case" with his new found post-health care "momentum." It is hard to say where Politico got this since no one else has reported the news. However, after the initial announcement by Sen. Chuck Schumer (D-NY) and...
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The Score: First Amendment Two - Book Banners Zero
29 Mar 2010 2:49 PM
Citizens United v. FEC made clear that political speech cannot be limited simply because the speakers have organized themselves under a corporate form. It was just one short year ago that the case was argued for the first time before the Supreme Court, and the federal government shockingly asserted that it could ban books. One year later we have seen the First...
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I'm Back
26 Mar 2010 2:46 PM
My friends, after three long months I’ve decided to return to the blogosphere. Alas, I’m neither tanned nor well rested. The ever evolving campaign finance laws have kept me burning the midnight oil, and the nightmare that is Obamacare has kept me awake many nights. Out of principle I’ll remain this lovely pallor because I won’t pay a...
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