With Election Day mere hours away, the Campaign Legal Center is taking a final swipe at the amount of money Americans are spending communicating with voters.  Aghast that total election spending may pass $6 billion, the Center crunches the numbers on what that money could buy if it weren’t spent on political speech:   With […]

The First Amendment Center has published an interesting post discussing important solitary dissents in the history of First Amendment law. Among their selections are Justice Harlan Stone’s dissent in Minersville School District v. Gobitis, arguing that public school students could not be required to salute the flag or recite the pledge of allegiance.  Although Stone […]

The Federal Election Commission has been in many fights about free speech. But now it’s in a fight with free speech, or rather with “Free Speech,” the name taken by a group of three Wyoming residents who, represented by the Wyoming Liberty Group, yesterday filed a federal lawsuit against the FEC. And, for once, a […]

In the hysteria that continues to surround the U.S. Supreme Court’s 2010 ruling in Citizens United v. FEC, one often-overlooked fact is that, at the time Citizens United was decided, 26 states already allowed for-profit corporations to spend unlimited amounts on political advertising (the 24 that prohibited spending are listed here).  Many of these states […]

Today is the two-year anniversary of the D.C. Circuit Court of Appeals’ unanimous ruling in SpeechNow.org v. FEC, holding that limits on the right of Americans to pool money to pay for independent political advertisements are unconstitutional. That ruling made possible the creation of so-called “super PACs,” which have played a major role in the […]

Readers of Make No Law may recall the case of Bluman v. FEC, a challenge to the federal law that prohibits noncitizens, even those who lawfully reside in the United States, from spending any money to influence state or federal elections. In January the U.S. Supreme Court summarily affirmed a lower-court ruling upholding the law. […]

In the world of public interest law, nothing is possible without clients who are willing to stand up for their rights against overwhelming odds. The Institute for Justice and the Center for Competitive Politics were privileged to have two such clients in Edward Crane and David Keating.   Crane and Keating have a long history […]

Washington Post columnist E.J. Dionne has been complaining about Citizens United v. FEC since before Citizens United was decided. In his latest attack on that ruling, Dionne argues that the decision doesn’t work “if you think we are a democracy and not a plutocracy.”  As famed First Amendment lawyer Floyd Abrams notes in a response, […]

On Monday night, President Barack Obama announced that he is giving his blessing to Priorities USA, a Super PAC supporting his reelection.  Campaign manager Jim Messina, writing at the Obama campaign’s official blog in a post titled “We Will Not Play by Two Sets of Rules,” declares that the change in position is a necessary […]

Tomorrow is the second anniversary of the U.S. Supreme Court’s landmark ruling in Citizens United v. FEC.  To mark the occasion, the Institute for Justice has released public statements defending that ruling and defending the rise of so-called “Super PACs” as a means for people to pool their resources to speak out about political candidates: […]