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Senate Judiciary Committee Hearing On “The Citizens United Court And The Continuing Importance Of The Voting Rights Act”, Anthony Johnstone
Senate Judiciary Committee Hearing On “The Citizens United Court And The Continuing Importance Of The Voting Rights Act”, Anthony Johnstone
Faculty Journal Articles & Other Writings
My testimony today concerns the role of the Supreme Court in reviewing the constitutionality of “laws of democracy,” including campaign finance regulation, election administration, and voting rights enforcement. I will compare the different approaches the Court has taken toward two controversies, corporate campaign spending and voter identification laws, and attempt to draw some lessons from the comparison for the Court’s pending review of the Voting Rights Act.
A Madisonian Case For Disclosure, Anthony Johnstone
A Madisonian Case For Disclosure, Anthony Johnstone
Faculty Law Review Articles
This article suggests that Citizens United provides an opportunity to reconsider the relationship between campaign finance disclosure and the First Amendment and that unless that relationship is strengthened at a constitutional level, this opportunity may be lost beneath an accretion of poorly developed doctrine. The article points out that new legislation and litigation is already testing the disclosure issue in the lower courts and will arrive at the Supreme Court in due course. The article questions whether the shallow roots of the information interest now underlying disclosure may fully support the kinds of rules necessary to make disclosure of sophisticated …