[EL] Coordination by candidate asking that ad not be run? -- was "RE: ELB News and Commentary 12/21/11"

[Scarberry, Mark]

I don’t quite see how the making of a public statement by a candidate – “please, supporters, don’t run ads criticizing other Republican candidates” – can have the effect of depriving me of my right to expend money advocating election or nomination of that candidate in any way I may choose.
Even with regard to private communications, if I don’t initiate a communication with a candidate with regard to ads, and don’t respond to a communication initiated by a candidate about ads (other than perhaps to say, “Please stop communicating with me about this subject”), then my right to engage in speech should be unaffected. After all, it is my right, not the candidate’s right, that is at issue.

Mark

Mark S. Scarberry
Professor of Law
Pepperdine Univ. School of Law
Malibu, CA 90263
(310) 506-4667

From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Thomas J. Cares
Sent: Wednesday, December 21, 2011 9:12 AM
To: Election Law
Subject: Re: [EL] ELB News and Commentary 12/21/11

At the very least, would there be a requirement that it not be conveyed privately? I would think it should at least have to be a public request (i.e. a press release saying the candidate doesn't condone the ads and wishes they would stop) that isn't supplemented with any private communication.

Thomas Cares

2011/12/21 Smith, Brad <BSmith at law.capital.edu<mailto:BSmith at law.capital.edu>>

But it's not OK if said with a wink and a nod. To be precise.



Bradley A. Smith

Josiah H. Blackmore II/Shirley M. Nault

   Professor of Law

Capital University Law School

303 E. Broad St.

Columbus, OH 43215

614.236.6317<tel:614.236.6317>

http://law.capital.edu/faculty/bios/bsmith.aspx

________________________________
From: law-election-bounces at department-lists.uci.edu<mailto:law-election-bounces at department-lists.uci.edu> [law-election-bounces at department-lists.uci.edu<mailto:law-election-bounces at department-lists.uci.edu>] on behalf of JBoppjr at aol.com<mailto:JBoppjr at aol.com> [JBoppjr at aol.com<mailto:JBoppjr at aol.com>]
Sent: Wednesday, December 21, 2011 7:45 AM
To: rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>; law-election at uci.edu<mailto:law-election at uci.edu>
Subject: Re: [EL] ELB News and Commentary 12/21/11
Interesting story re Romney Super PAC and the coordination issue.

Click here: Former FEC head: Romney could tell PAC to stop ads | Campaign 2012 | Washington Examiner<http://campaign2012.washingtonexaminer.com/blogs/beltway-confidential/former-fec-head-romney-could-tell-pac-stop-ads/268251>

I agree with Trevor on the narrowness of the anti-coordination requirement, but I have always been perplexed by whether a candidate can ask an independent group not to run an ad.  Trevor says ok.  Jim

In a message dated 12/21/2011 12:18:38 A.M. Eastern Standard Time, rhasen at law.uci.edu<mailto:rhasen at law.uci.edu> writes:

[snip]
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