[EL] ALEC Boycott

Tue Apr 10 08:57:41 PDT 2012

"While I've heard some conservatives saying that political activism from liberals to get groups to not support ALEC is intimidation, it looks to me like protected First Amendment boycott-like activity<http://electionlawblog.org/?p=31462>."

Of course, it can be both. One question we are going to have to ask ourselves is whether we want the meanness of the society that is shaping up. While boycotts have some honorable history and can be a useful tool, nobody really much wants to live in a boycott world. Labor law has long prohibited secondary boycotts, largely for that reason.

We'll also have to address more honestly whether the government has a compelling interest in forcing people to disclose activity that may subject them to boycotts and other forms of harassment. Notice that those boycotting and organizing boycotts are not required to disclose themselves, neither their identity nor their sources of financing.

Justice Scalia has voiced concern that a world without compulsory disclosure would be particularly nasty. I think he's got it backwards - compulsory disclosure, supported primarily because it enables opponents of speech to engage in boycotts and other harassment, is creating an increasing nasty political environment.

One can certainly see something as protected First Amendment activity while recognizing it as intimidation as well. And that raises the question as to what interest the government has in enabling intimidation.

Bradley A. Smith
Josiah H. Blackmore II/Shirley M. Nault
  Designated Professor of Law
Capital University Law School
303 East Broad Street
Columbus, OH 43215
(614) 236-6317
bsmith at law.capital.edu<mailto:bsmith at law.capital.edu>
http://www.law.capital.edu/faculty/bios/bsmith.asp

From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Rick Hasen
Sent: Tuesday, April 10, 2012 10:52 AM
To: law-election at uci.edu
Subject: [EL] ELB News and Commentary 4/10/12

"President Obama Eyes Super PAC Showdown"<http://electionlawblog.org/?p=32814>
Posted on April 10, 2012 7:49 am<http://electionlawblog.org/?p=32814> by Rick Hasen<http://electionlawblog.org/?author=3>

Politico: <http://www.chicagotribune.com/news/sns-201204091100usnewsusnwr201204066edit1apr09,0,6796157.story> "Democrats acknowledge that matching those groups dollar for dollar will be a difficult challenge - Crossroads alone may spend up to $300 million on all 2012 federal races, including the presidential contest. Instead, the president's campaign and the Obama-sanctioned super PAC Priorities USA Action are attempting to undercut the spending by tainting it in the minds of voters, linking it to oil magnates and other unpopular corporate interests."
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D32814&title=%E2%80%9CPresident%20Obama%20Eyes%20Super%20PAC%20Showdown%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
"Mort Zuckerman: No Easy Solutions for Big Money in Politics"<http://electionlawblog.org/?p=32812>
Posted on April 10, 2012 7:48 am<http://electionlawblog.org/?p=32812> by Rick Hasen<http://electionlawblog.org/?author=3>

Oped<http://www.chicagotribune.com/news/sns-201204091100usnewsusnwr201204066edit1apr09,0,6796157.story>:

The sad fact is that after nearly four decades, we have not purged our politics of big donations nor cured public concerns about the excessive influence of the wealthy. Nor have we enhanced the trust factor of our elected leaders. In fact, it has gone the other way. Cynicism has deepened about our political system. But what we can say is that additional funding has changed races that would otherwise not have been competitive. And what is the alternative? Direct government funding of political campaigns, when incumbent legislators would be writing the campaign finance rules? Or requiring television companies to offer certain free time to the parties, as is done in Britain with party political broadcasts that are not very popular?

Our form of political financing probably goes under the heading of the evil of two lessers, but nobody has yet come up with a better solution.
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D32812&title=%E2%80%9CMort%20Zuckerman%3A%20No%20Easy%20Solutions%20for%20Big%20Money%20in%20Politics%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
Paul Ryan on the van Hollen case<http://electionlawblog.org/?p=32809>
Posted on April 10, 2012 7:44 am<http://electionlawblog.org/?p=32809> by Rick Hasen<http://electionlawblog.org/?author=3>

Paul<http://blog.soros.org/2012/04/a-win-for-transparency-in-corporate-spending-on-elections/> explains:

Last year, Representative Chris Van Hollen (D-MD) had enough of the FEC's gutting the disclosure laws and sued the FEC challenging the 2007 regulation. Last week, District Judge Amy Berman Jackson struck down the regulation, which permitted some groups to hide their donors, finding that it contradicted "the Congressional goal of increasing transparency and disclosure in electioneering communications" and that "such a rule could result in the wholesale evasion of disclosure requirements if contributors were encouraged to simply transfer money but keep their thoughts to themselves."

Judge Jackon's decision marks another victory in the ongoing battle for transparency of money in politics, but it's not the end of the battle. An appeal is likely.  The FEC will undoubtedly drag its feet in repealing its invalidated regulation-with no fix likely before this year's elections. Hundreds of millions of special interest dollars will likely be spent to influence this year's elections and voters won't know where those dollars came from.
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D32809&title=Paul%20Ryan%20on%20the%20van%20Hollen%20case&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
Doug Chapin on Local Pressure Over Election Administrator Performance<http://electionlawblog.org/?p=32807>
Posted on April 10, 2012 7:43 am<http://electionlawblog.org/?p=32807> by Rick Hasen<http://electionlawblog.org/?author=3>

Worth a read<http://blog.lib.umn.edu/cspg/electionacademy/2012/04/rock_paper_local.php?utm_source=feedburner&utm_medium=twitter&utm_campaign=Feed%3A+HHHElections+%28The+Election+Aacdemy%29>.
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D32807&title=Doug%20Chapin%20on%20Local%20Pressure%20Over%20Election%20Administrator%20Performance&description=>
Posted in election administration<http://electionlawblog.org/?cat=18> | Comments Off
"Appeals court calls Iowa method to vet justices acceptable"<http://electionlawblog.org/?p=32804>
Posted on April 10, 2012 7:38 am<http://electionlawblog.org/?p=32804> by Rick Hasen<http://electionlawblog.org/?author=3>

AP<http://www.desmoinesregister.com/article/20120410/NEWS01/304100026/Appeals-court-calls-Iowa-method-to-vet-justices-acceptable>: "A federal appeals court on Monday rejected a legal challenge to the Iowa commission that nominates candidates to serve on the Iowa Supreme Court and Court of Appeals. The 8th U.S. Circuit Court of Appeals upheld the dismissal of a lawsuit brought by conservatives that challenged the Judicial Nominating Commission's makeup. The lawsuit was brought as the panel was vetting applicants to replace three justices ousted by voters after the Iowa Supreme Court ruled same-sex marriages legal."

The very interesting opinion is here<http://www.ca8.uscourts.gov/opndir/12/04/111374P.pdf> (via Howard<http://howappealing.law.com/041012.html#045328>). A snippet, applying the Salyer Land exception:

In sum, we conclude the Commission is a "special limited purpose" entity for its sole function is to select the most qualified candidates for judicial appointments and forward the names of these candidates to the Governor for a final appointment. This narrow function has a disproportionate effect on a definable group of constituents-the members of the Iowa Bar-over other voters in the State of Iowa. Therefore, the election of the attorney members of the Commission is an election of special interest. See Salyer, 410 U.S. at 728 (stating a special interest election involves an entity with a "special limited purpose . . . and [a] disproportionate effect" on a definable group of constituents over others). Voter qualifications in special interest elections are subject to rational rather than strict scrutiny review. See Ball, 451 U.S. at 371. Accordingly, to survive Plaintiffs' equal protection challenge, Iowa must only show its system of election for the attorney members of the Commission is rationally related to Iowa's legitimate interests. See id.
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D32804&title=%E2%80%9CAppeals%20court%20calls%20Iowa%20method%20to%20vet%20justices%20acceptable%E2%80%9D&description=>
Posted in voting<http://electionlawblog.org/?cat=31> | Comments Off
"A Lie Races Across Twitter Before the Truth Can Boot Up"<http://electionlawblog.org/?p=32801>
Posted on April 9, 2012 8:35 pm<http://electionlawblog.org/?p=32801> by Rick Hasen<http://electionlawblog.org/?author=3>

Anatomy<http://www.nytimes.com/2012/04/10/us/politics/false-nikki-haley-twitter-report-spreads-fast.html?pagewanted=1&ref=politics> of a tweeted rumor about Gov. Nikki Haley.
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D32801&title=%E2%80%9CA%20Lie%20Races%20Across%20Twitter%20Before%20the%20Truth%20Can%20Boot%20Up%E2%80%9D&description=>
Posted in social media and social protests<http://electionlawblog.org/?cat=58> | Comments Off
"Lobbyist Group Backs Raising Accountability Standards"<http://electionlawblog.org/?p=32797>
Posted on April 9, 2012 8:29 pm<http://electionlawblog.org/?p=32797> by Rick Hasen<http://electionlawblog.org/?author=3>

Roll Call reports<http://www.rollcall.com/news/lobbyist_group_backs_raising_accountability_standards-213690-1.html?pos=hln>.  Apparently the group favors congressional changes which would help lobbyists compete for business, but they don't like changes which would break the connection between campaign fundraising and lobbying, one of the key features of the ABA proposal.  [Disclosure: I was on the ABA Task Force on Lobbying, discussed in the articele.}
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D32797&title=%E2%80%9CLobbyist%20Group%20Backs%20Raising%20Accountability%20Standards%E2%80%9D&description=>
Posted in legislation and legislatures<http://electionlawblog.org/?cat=27>, lobbying<http://electionlawblog.org/?cat=28> | Comments Off
"Gates Foundation Will Withdraw Support for ALEC Nonprofit"<http://electionlawblog.org/?p=32794>
Posted on April 9, 2012 8:24 pm<http://electionlawblog.org/?p=32794> by Rick Hasen<http://electionlawblog.org/?author=3>

Roll Call reports<http://www.rollcall.com/news/gates_foundation_will_withdraw_support_for_alec_nonprofit-213689-1.html?pos=htmbtxt>.

While I've heard some conservatives saying that political activism from liberals to get groups to not support ALEC is intimidation, it looks to me like protected First Amendment boycott-like activity<http://electionlawblog.org/?p=31462>.
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D32794&title=%E2%80%9CGates%20Foundation%20Will%20Withdraw%20Support%20for%20ALEC%20Nonprofit%E2%80%9D&description=>
Posted in Uncategorized<http://electionlawblog.org/?cat=1> | Comments Off
"Some Explaining to Do for Republican Leader"<http://electionlawblog.org/?p=32791>
Posted on April 9, 2012 8:20 pm<http://electionlawblog.org/?p=32791> by Rick Hasen<http://electionlawblog.org/?author=3>

NYT<http://www.nytimes.com/2012/04/10/us/politics/cantors-connection-to-a-house-republicans-loss-in-helping-to-undo-a-republican-cantor-has-some-explaining-to-do.html?partner=rss&emc=rss>: "By definition, the majority leader of the House has the majority of incumbents to protect in an election. So it came as something of a shock when House Republicans learned that a political action committee affiliated with Representative Eric Cantor<http://topics.nytimes.com/top/reference/timestopics/people/c/eric_cantor/index.html?inline=nyt-per> of Virginia, who currently holds that leadership slot, had donated $25,000 to a group devoted solely to taking out incumbents."

Another snippet: "Call it the Bush v. Gore defense: this decision shall offer no precedent - and little wonder."
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D32791&title=%E2%80%9CSome%20Explaining%20to%20Do%20for%20Republican%20Leader%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
"Arizona: Redistricting Plan Pre-Cleared"<http://electionlawblog.org/?p=32789>
Posted on April 9, 2012 8:13 pm<http://electionlawblog.org/?p=32789> by Rick Hasen<http://electionlawblog.org/?author=3>

Roll Call reports.<http://atr.rollcall.com/arizona-redistricting-plan-pre-cleared/>
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D32789&title=%E2%80%9CArizona%3A%20Redistricting%20Plan%20Pre-Cleared%E2%80%9D&description=>
Posted in redistricting<http://electionlawblog.org/?cat=6> | Comments Off
"O'Keefe's Video On "Eric Holder's Ballot": Still Not Voter Fraud"<http://electionlawblog.org/?p=32787>
Posted on April 9, 2012 8:12 pm<http://electionlawblog.org/?p=32787> by Rick Hasen<http://electionlawblog.org/?author=3>

Media Matter reports<http://mediamatters.org/blog/201204090013>. More from WaPo.<http://mediamatters.org/rd?to=http%3A%2F%2Fwww.washingtonpost.com%2Fblogs%2Fmike-debonis%2Fpost%2Fjames-okeefe-tries-to-defend-voter-id-laws-by-filming-dc-election-workers%2F2012%2F04%2F09%2FgIQAgINT6S_blog.html>
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D32787&title=%E2%80%9CO%E2%80%99Keefe%E2%80%99s%20Video%20On%20%E2%80%9CEric%20Holder%E2%80%99s%20Ballot%E2%80%9D%3A%20Still%20Not%20Voter%20Fraud%E2%80%9D&description=>
Posted in fraudulent fraud squad<http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60> | Comments Off
"ACLU, NAACP will sue over Pennsylvania voter-ID law"<http://electionlawblog.org/?p=32784>
Posted on April 9, 2012 8:09 pm<http://electionlawblog.org/?p=32784> by Rick Hasen<http://electionlawblog.org/?author=3>

This<http://www.philly.com/philly/news/20120409_ACLU__NAACP_will_sue_over_Pennsylvania_voter-ID_law.html> was expected. Not clear what the legal basis for suit will be yet.
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D32784&title=%E2%80%9CACLU%2C%20NAACP%20will%20sue%20over%20Pennsylvania%20voter-ID%20law%E2%80%9D&description=>
Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>, voter id<http://electionlawblog.org/?cat=9> | Comments Off
"It's a rich man's world: How billionaire backers pick America's candidates"<http://electionlawblog.org/?p=32782>
Posted on April 9, 2012 8:08 pm<http://electionlawblog.org/?p=32782> by Rick Hasen<http://electionlawblog.org/?author=3>

Thomas Frank has written this very interesting cover story<http://harpers.org/archive/2012/04/0083856> for Harper's.
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D32782&title=%E2%80%9CIt%E2%80%99s%20a%20rich%20man%E2%80%99s%20world%3A%20How%20billionaire%20backers%20pick%20America%E2%80%99s%20candidates%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
Az Supreme Court Rules on Tuscon Home Rule Powers to Continue Using At Large Elections<http://electionlawblog.org/?p=32778>
Posted on April 9, 2012 1:22 pm<http://electionlawblog.org/?p=32778> by Rick Hasen<http://electionlawblog.org/?author=3>

See here. <http://www.azcourts.gov/Portals/23/pdf2012/CV110150PR.pdf>
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D32778&title=Az%20Supreme%20Court%20Rules%20on%20Tuscon%20Home%20Rule%20Powers%20to%20Continue%20Using%20At%20Large%20Elections&description=>
Posted in Uncategorized<http://electionlawblog.org/?cat=1> | Comments Off
"Federal court dismisses Michigan redistricting case"<http://electionlawblog.org/?p=32775>
Posted on April 9, 2012 1:20 pm<http://electionlawblog.org/?p=32775> by Rick Hasen<http://electionlawblog.org/?author=3>

AP reports<http://www.detroitnews.com/article/20120409/POLITICS01/204090398/Federal-court-dismisses-Michigan-redistricting-case?odyssey=mod%7Cnewswell%7Ctext%7CFRONTPAGE%7Cs>.
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D32775&title=%E2%80%9CFederal%20court%20dismisses%20Michigan%20redistricting%20case%E2%80%9D&description=>
Posted in redistricting<http://electionlawblog.org/?cat=6> | Comments Off
"Jury orders Iowa Democratic Party, candidate to pay in negative ad lawsuit"<http://electionlawblog.org/?p=32772>
Posted on April 9, 2012 10:05 am<http://electionlawblog.org/?p=32772> by Rick Hasen<http://electionlawblog.org/?author=3>

AP reports<http://www.desmoinesregister.com/article/20120406/NEWS/120406022/Jury-orders-Iowa-Democratic-Party-candidate-pay-negative-ad-lawsuit>.
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D32772&title=%E2%80%9CJury%20orders%20Iowa%20Democratic%20Party%2C%20candidate%20to%20pay%20in%20negative%20ad%20lawsuit%E2%80%9D&description=>
Posted in campaigns<http://electionlawblog.org/?cat=59> | Comments Off
Richard Posner Appears to Support Contribution Limits on Super PACs on Anti Corruption Grounds<http://electionlawblog.org/?p=32770>
Posted on April 9, 2012 10:03 am<http://electionlawblog.org/?p=32770> by Rick Hasen<http://electionlawblog.org/?author=3>

Good for him<http://www.becker-posner-blog.com/2012/04/unlimited-campaign-spendinga-good-thing-posner.html>.  Gary Becker responds<http://www.becker-posner-blog.com/2012/04/restrictions-on-campaign-contributions-a-good-thing-becker.html>.
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D32770&title=Richard%20Posner%20Appears%20to%20Support%20Contribution%20Limits%20on%20Super%20PACs%20on%20Anti%20Corruption%20Grounds&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
"Health-law challenger raises specter of campaign-finance case"<http://electionlawblog.org/?p=32767>
Posted on April 9, 2012 8:55 am<http://electionlawblog.org/?p=32767> by Rick Hasen<http://electionlawblog.org/?author=3>

Tony Mauro<http://www.firstamendmentcenter.org/health-law-challenger-raises-specter-of-campaign-finance-case>: " The landmark Supreme Court arguments over the health-insurance law last week involved a range of constitutional issues, but the First Amendment was not among them. Why, then, did Paul Clement, the chief challenger to the law, keep mentioning Buckley v. Valeo,<http://www.law.cornell.edu/supct/html/historics/USSC_CR_0424_0001_ZS.html> the 1976 decision that set the First Amendment boundaries for modern-day regulation of campaign financing?"
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D32767&title=%E2%80%9CHealth-law%20challenger%20raises%20specter%20of%20campaign-finance%20case%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
John Fund Revs Up the Voter Fraud Talk<http://electionlawblog.org/?p=32764>
Posted on April 9, 2012 8:20 am<http://electionlawblog.org/?p=32764> by Rick Hasen<http://electionlawblog.org/?author=3>

Must be<http://www.nationalreview.com/articles/295431/why-we-need-voter-id-laws-now-john-fund?pg=1> election season. This is nothing new <http://www.amazon.com/Fraudulent-Fraud-Squad-Understanding-ebook/dp/B00795X5XI/ref=zg_bs_157417011_9> for Fund.
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D32764&title=John%20Fund%20Revs%20Up%20the%20Voter%20Fraud%20Talk&description=>
Posted in fraudulent fraud squad<http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>, voter id<http://electionlawblog.org/?cat=9> | Comments Off
"The Ties That Bind: Romney and the Super PACs"<http://electionlawblog.org/?p=32761>
Posted on April 9, 2012 8:06 am<http://electionlawblog.org/?p=32761> by Rick Hasen<http://electionlawblog.org/?author=3>

This item<http://www.opensecrets.org/news/2012/04/the-coordinated-non-coordination-of.html> appears at the Open Secrets Blog.
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D32761&title=%E2%80%9CThe%20Ties%20That%20Bind%3A%20Romney%20and%20the%20Super%20PACs%E2%80%9D&description=>
Posted in campaign finance<http://electionlawblog.org/?cat=10> | Comments Off
Is the Fix in For Americans Elect Candidate David Walker?<http://electionlawblog.org/?p=32758>
Posted on April 9, 2012 8:01 am<http://electionlawblog.org/?p=32758> by Rick Hasen<http://electionlawblog.org/?author=3>

See Jim Cook<http://irregulartimes.com/index.php/archives/2012/04/09/americans-elect-quietly-upgrades-candidate-status-david-walker-from-outsider-to-insider/> and AE Transparency<http://aetransparency.blogspot.com/2012/04/weakly-voting-highlights-for-americans.html>.
[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D32758&title=Is%20the%20Fix%20in%20For%20Americans%20Elect%20Candidate%20David%20Walker%3F&description=>
Posted in ballot access<http://electionlawblog.org/?cat=46>, third parties<http://electionlawblog.org/?cat=47> | Comments Off
--
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>
http://law.uci.edu/faculty/page1_r_hasen.html
http://electionlawblog.org
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20120410/5dc9ab5d/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 1520 bytes
Desc: image001.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20120410/5dc9ab5d/attachment.png>