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Washington University in St. Louis

Election Law

Freedom of speech

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Fired Up! In The Blogosphere: Internet Communications Regulation Under Federal Campaign Finance Law, Benjamin Norris Jan 2006

Fired Up! In The Blogosphere: Internet Communications Regulation Under Federal Campaign Finance Law, Benjamin Norris

Washington University Law Review

No abstract provided.


The Other Election Controversy Of Y2k: Core First Amendment Values And High-Tech Political Coalitions, Marc John Randazza Jan 2004

The Other Election Controversy Of Y2k: Core First Amendment Values And High-Tech Political Coalitions, Marc John Randazza

Washington University Law Review

As the 2000 campaign reached its climax, some renegade supporters of Green Party candidate Ralph Nader countered critics’ charges that they were “handing the election to Bush” by creating websites encouraging vote-swapping. The theory of this practice was: A Nader supporter in a hotly contested state would agree to vote for Al Gore if a Gore supporter in an uncontested state would vote for Ralph Nader. The object was to help deliver five percent of the popular vote to the Green Party (so that the Greens would receive federal matching funds for the 2004 presidential election) while simultaneously working to ...


The Bipartisan Campaign Reform Act, Political Parties, And The First Amendment: Lessons From Missouri, D. Bruce La Pierre Jan 2002

The Bipartisan Campaign Reform Act, Political Parties, And The First Amendment: Lessons From Missouri, D. Bruce La Pierre

Washington University Law Review

In Shrink Missouri Government PAC v. Nixon (Shrink Missouri) and FEC v. Colorado Republican Federal Campaign Committee (Colorado II), the Supreme Court tipped the First Amendment balance in favor of government regulation and against political speech and association. The Eighth Circuit’s recent decision upholding Missouri limits on campaign contributions made by state political parties to their candidates demonstrates how heavily the scales are weighted in favor of regulation. If protection of political speech really is at the core of the First Amendment, then the Court must put the burden of justifying campaign contribution limits—like the burden of ...


The Modern Corporation And Campaign Finance: Incorporating Corporate Governance Analysis Into First Amendment Jurisprudence, Thomas W. Joo Jan 2001

The Modern Corporation And Campaign Finance: Incorporating Corporate Governance Analysis Into First Amendment Jurisprudence, Thomas W. Joo

Washington University Law Review

This Article argues that the First Amendment analysis of corporate campaign finance regulations, such as those in Senate Bill 27, should recognize the institutional peculiarities of business corporations. Courts have sometimes treated business corporations as if they were identical to individuals for constitutional purposes. But political spending by corporations should be distinguished from the political spending of individuals (and from that by labor unions and nonprofit organizations). Despite the tendency to treat corporations like individuals, courts have at other times upheld special restrictions on corporations based on the naked assertion that states have special power to regulate corporations. The First ...


Raising A New First Amendment Hurdle For Campaign Finance “Reform”, D. Bruce La Pierre Jan 1998

Raising A New First Amendment Hurdle For Campaign Finance “Reform”, D. Bruce La Pierre

Washington University Law Review

Proposals to regulate campaign contributions and candidates' spending invariably fly the banner of campaign finance "reform." The reformers, however, frequently have little or no evidence that particular campaign practices cause any real harm. Instead, they simply posit the existence of the disease-the corrosive effects of money on the political process-and assume that restrictions on the use of money will provide the cure. In Missouri, for example, both the legislature and the voters enacted laws in 1994 that set limits on political contributions to candidates and on candidates' campaign expenditures. These laws imposed substantial burdens on political speech and association, but ...