One of the favorite, and most incredible, tactics of those defending Arizona’s Clean Elections scheme is to close their eyes to evidence that its matching funds provision has deterred the speech of privately funded candidates and independent groups and then assert such evidence doesn’t exist. I pointed this out in an earlier post, and in […]

Congratulations to our colleague Bill Maurer, who did an outstanding job arguing before the U.S. Supreme Court today in Arizona Free Enterprise Club v. Bennett.  As the early news coverage notes, the conservative members of the Court were skeptical of the government’s arguments and seemed inclined to hold Arizona’s law unconstitutional.  That’s good news for […]

Charles Fried and Cliff Sloan argue in the New York Times that the U.S. Supreme Court’s ruling in Citizens United should lead the Court to uphold Arizona’s system of government-funded political campaigns.  To the contrary, Citizens United held that government cannot burden speech based on the identity of the speaker.  But that is exactly what […]

Writing for Slate, election-law scholar Rick Hasen previews IJ’s upcoming argument before the U.S. Supreme Court in Arizona Free Enterprise Club v. Bennett, which along with the consolidated case McComish v. Bennett, challenges Arizona’s unconstitutional system of publicly financed “matching funds.”  Hasen—a staunch proponent of campaign finance restrictions—is no fan of our work on the […]

Earlier I took issue with blog posts by Ezra Klein and political scientist Michael Miller claiming supposed benefits from so-called “Clean Elections” laws like Arizona’s, which will be considered by the U.S. Supreme Court on Monday.  But perhaps a more nefarious tactic of defenders of such schemes is to deny that they have any effect […]

Yesterday, Ezra Klein linked to a graph that, he says, shows the importance of so-called campaign finance “reform,” and more specifically using taxpayer dollars to fund the campaigns of political candidates.  This matters now because on Monday the U.S. Supreme Court will hear a challenge to one the most sweeping of such schemes, Arizona’s “Clean […]

 Katrina Trinko of NRO reports:   During most elections, candidates accuse their opponents of making false claims. In Ohio, they can go a step further: They can ask a government commission to decide who is telling the truth.   For more on this modern-day Ministry of Truth, click here.

Yesterday, the Institute for Justice filed a reply brief in the U.S. Supreme Court in support of its challenge to Arizona’s Clean Elections Act. The Goldwater Institute, which is litigating a related challenge before the Court, filed its reply brief on Tuesday.   For those of you who don’t remember, Arizona’s system gives publicly financed […]

As we’ve discussed on MakeNoLaw.org before, in July 2010, the Wisconsin Government Accountability Board issued a rule that all communications made for a political purpose—including emails, Facebook posts, t-shirts and handmade signs—are subject to disclosure and reporting requirements if a speaker spends more than $25 producing them.  Although the worst aspects of the rule have […]

On March 2, the U.S. Supreme Court, in an 8-1 opinion written by Chief Justice John Roberts, handed down its ruling in Snyder v. Phelps, upholding the right of the Westboro Baptist Church to stage vile protests of military funerals.  The New York Times, in an editorial titled “Even Hurtful Speech,” praised the opinion for […]