Law Commons^™

Distinguishing "Genuine" From "Sham' In Grassroots Lobbying: Protecting The Right To Petition During Elections, James Bopp Jr., Richard E. Coleson

Campbell Law Review

This article returns to the debate over a proper test by collecting relevant ads and test proposals in an Appendix and using these as tools to analyze a test derived from a grassroots lobbying ad (hereinafter the "PBA Ad") that was recognized as a genuine issue ad by defense expert Goldstein in McConnell. Parts I through III provide the context for Part IV, which derives and analyzes a test from the PBA Ad. Part I provides a brief overview of the legislative, rulemaking, and constitutional context. Part II demonstrates that McConnell only decided a facial challenge, leaving as-applied challenges for …