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Celebrate the Birthday of the Bill of Rights By Opposing Resurrection of Obama’s Deceptive Practices Act
15 Dec 2011 12:48 PM
On the eve of the birthday of the Bill of Rights, Senators Cardin (D-MD) and Schumer (D-NY) claimed to give “ respect ” to the Bill of Rights, but their proposed Deceptive Practices and Voter Intimidation Prevention Act of 2011 will chill speech in violation of the First Amendment. This bill has long been an item on Obama’s agenda. Rick Hasen...
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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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RNLA Chair Norcross on Kagan's Troubling First Amendment Record
24 Jun 2010 12:34 PM
This morning, RNLA Chair David Norcross participated in a press conference on the steps of the Supreme Court to speak on the nomination of Solicitor General Elena Kagan to the Supreme Court. Norcross was joined by representatives from the Committee for Justice, Center for Military Readiness, Judicial Action Group, Concerned Women for America, Liberty Center for...
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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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Wednesdays on the Steps – Scalia: where is the prohibition of stupid laws in the Constitution?
2 Dec 2009 10:35 AM
With the economy in its current state many of our practices may have to become familiar with the Bankruptcy Abuse Prevention and Consumer Protection Act. One provision of the act prohibits lawyers from counseling clients to incur more debt. This statute is being addressed by the Supreme Court which must weigh whether or not it interferes with an attorney's...
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I Thought Yoga Was Supposed To Be Relaxing
2 Dec 2009 8:30 AM
It's a clever argument for a constitutional right to teach yoga. Last year Virginia began requiring yoga teacher training programs to be certified as vocational classes. Many yogis consider this an infringement on their ability to practice and pass on their craft. Some seasoned yogis have filed suit claiming that "teaching, after all, is speech"...
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ACORN v. USA – They Are Suing the Government
12 Nov 2009 11:09 AM
Our friends at ACORN are at it again. Rather than accept the fact that an organization engaging in fraudulent and criminal activity should not have access to your tax dollars, they've decided to file a lawsuit against the United States. Specifically they've named HUD Secretary Shaun Donovan, OMB Director Peter Orszag, and Treasury Secretary Timothy Geithner...
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FEC Will Not Appeal Emily’s List Decision
23 Oct 2009 11:14 AM
Much of the recent discussion concerning campaign finance legal issues has focused on the September reargument of Citizens United v. FEC (AKA: The Case about Hillary the Movie) at the Supreme Court. Citizens United was notable for several reasons. First, it was Sonia Sotomayor's first case as a Supreme Court Justice. Apparently, it was also Solicitor General...
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The ACORN Way: Voter Registration Drive Probably Violated PA Law
22 Oct 2009 7:33 AM
RNLA First Vice President Heather Heidelbaugh has penned an Op-Ed published in today's Pittsburgh Post-Gazette concerning ACORN's voter registration quota schemes and how it likely violates a Pennsylvania law that makes it a crime to "give solicit or accept payment . . . to obtain a voter registration if the payment or incentive is based upon the...
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From Dog Fighting to Human Sacrifices, Today’s Oral Arguments were Heated
6 Oct 2009 10:58 AM
I'm always curious what drives the Justices in their case selection. I know that significant legal issues are the biggest factor, but sometimes the facts at issue really stand out. Take U.S. v. Stevens which was argued before the Court today. It's a First Amendment case built around the actions of a self-professed "dog lover" who was producing...
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