[EL] Check out 'Citizen conventions' should respond to Citizens United, Harvard la
Rick Hasen
rhasen at law.uci.edu
Wed Jul 25 08:58:31 PDT 2012
That may be so (and would not surprise me). But this was a statement of
a journalist in the National Journal. Are you saying he was
deliberately misleading?
On 7/25/2012 8:56 AM, Joe La Rue wrote:
> Rick, I don't have the time right now to find them, but I know I've
> seen numerous press statements from Left-leaning organizations that
> have implied if not out-right stated that corporations are giving
> millions to candidates. Some of these organizations are regular
> participants in the campaign finance law wars, so I assume that they
> know the difference between IEs and contributions. The only reason I
> can suppose for their misstatements is that it's deliberate on their
> parts.
> Joe
> ___________________
> *Joseph E. La Rue*
> cell: 480.272.2715
> email: joseph.e.larue at gmail.com <mailto:joseph.e.larue at gmail.com>
>
>
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>
> On Wed, Jul 25, 2012 at 8:47 AM, Rick Hasen <rhasen at law.uci.edu
> <mailto:rhasen at law.uci.edu>> wrote:
>
> I think that's right. But my theory is no more unlikely that Joe's
> suggestion of a "deliberate effort to misstate the holding" of
> Citizens United.
>
>
> On 7/25/2012 8:22 AM, Smith, Brad wrote:
>> I think it far more likely that the confusion stems from a)
>> ignorance of reporters; b) carelessness of reporters; c)
>> inadvertent, honest slips by informed reporters and editors and
>> expert commentators; and d) the casual alarmism of the reform
>> community and various politicians. The idea that is because of
>> Jim Bopp's litigation, which most people have never heard of,
>> which is rarely reported on or discussed in the press, and which,
>> to the extreme anyone knows about it, would seem to make clear
>> the distinction (as Rick points out, the courts keep upholding
>> the distinction) strikes me as implausible in the extreme.
>>
>> /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>
>> [mailto:law-election-bounces at department-lists.uci.edu] *On Behalf
>> Of *Rick Hasen
>> *Sent:* Wednesday, July 25, 2012 10:41 AM
>> *To:* Joe La Rue
>> *Cc:* JBoppjr at aol.com <mailto:JBoppjr at aol.com>;
>> law-election at uci.edu <mailto:law-election at uci.edu>
>> *Subject:* Re: [EL] Check out 'Citizen conventions' should
>> respond to Citizens United, Harvard la
>>
>> I agree with you that the holding is misstated. I wonder if part
>> of the confusion stems from the claims you and Jim have been
>> making around the country (including in the San Diego case I
>> litigated against you) in which you claimed that Citizens United
>> compelled lower courts to strike down bans on direct corporate
>> contributions to candidates. So far, your argument has been
>> rejected by at least the 2nd, 4th, and 9th circuits, and is
>> pending en banc in the 8th circuit in the Swanson case. Yet I
>> believe Jim is still making the argument.
>>
>>
>>
>>
>> On 7/25/2012 7:11 AM, Joe La Rue wrote:
>>
>> You don't think there's a deliberate effort to misstate the
>> holding, do you, Jim? Surely not!
>>
>> Joe
>> ___________________
>> *Joseph E. La Rue*
>>
>> cell: 480.272.2715 <tel:480.272.2715>
>> email: joseph.e.larue at gmail.com <mailto:joseph.e.larue at gmail.com>
>>
>>
>>
>> CONFIDENTIALITY NOTICE: This e-mail message, including any
>> attachments, is for the sole use of the intended recipient(s)
>> and may contain confidential and privileged information or
>> otherwise be protected by law. Any unauthorized review, use,
>> disclosure or distribution is prohibited. If you are not the
>> intended recipient, please contact the sender by reply e-mail
>> and destroy all copies of the original message.
>>
>>
>>
>> On Wed, Jul 25, 2012 at 6:13 AM, <JBoppjr at aol.com
>> <mailto:JBoppjr at aol.com>> wrote:
>>
>> Click here: 'Citizen conventions' should respond to Citizens
>> United, Harvard law professor suggests
>> <http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202564277666>
>>
>> This is a classic example of the frequently distorted
>> description of what /Citizens United/ did:
>>
>> /In Citizens United, the Court found that corporations and
>> unions cannot be banned from making independent expenditures
>> to political action committees or candidates.//
>>
>> /The subcommittee hearing examined the possibility of a
>> constitutional amendment that would give Congress the
>> authority to regulate campaign contributions by businesses//.
>>
>> One reading this would conclude appropriately that /CU/ made
>> contribution to candidates by businesses legal. Of course,
>> the ruling itself did not.
>>
>> And what is so puzzling is why this happens when it is so
>> easy to get it right. Jim Bopp
>>
>>
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>>
>> --
>> 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 <tel:949.824.3072> - office
>> 949.824.0495 <tel: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
>> Pre-order The Voting Wars:http://amzn.to/y22ZTv
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>
> --
> 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 <tel:949.824.3072> - office
> 949.824.0495 <tel: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
> Pre-order The Voting Wars:http://amzn.to/y22ZTv
> www.thevotingwars.com <http://www.thevotingwars.com>
>
>
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--
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
http://law.uci.edu/faculty/page1_r_hasen.html
http://electionlawblog.org
Pre-order The Voting Wars: http://amzn.to/y22ZTv
www.thevotingwars.com
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