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The Very Idea Of A First Amendment Right Against Compelled Subsidization, Gregory Klass
The Very Idea Of A First Amendment Right Against Compelled Subsidization, Gregory Klass
Georgetown Law Faculty Publications and Other Works
At present, it is difficult to discern what rules govern compelled subsidization and where the constitutional limits lie. The root cause of the current confusion is the Supreme Court's failure to provide a coherent account of the First Amendment harm of compelled subsidization. Part I of this Article describes the present state of the doctrine. It identifies a number of practical problems, especially the imprecisions in and conflicts between the Court's holdings that leave it unclear how lower courts should decide novel cases. Part II is a critical discussion of the two most common arguments for a First Amendment right …
Analyzing The Bipartisan Campaign Reform Act Of 2002, Roy A. Schotland
Analyzing The Bipartisan Campaign Reform Act Of 2002, Roy A. Schotland
Georgetown Law Faculty Publications and Other Works
The Bipartisan Campaign Reform Act of 2002 ("BCRA") is the laboratory in campaign finance law. When analyzing BCRA, it is important to look at the Missouri state law that led to the Supreme Court case, Nixon v. Shrink Missouri Government PAC. In Shrink Missouri, five justices upheld Missouri's relatively low simple limit on contributions to candidates. The law in Missouri limited contributions by anyone to candidates, but there was no limit as to how much a person or entity could give to a political party committee or to a political action committee (PAC). Further, there was no limit on how …