[EL] Check out 'Citizen conventions' should respond to Citizens United, Harvard la

Wed Jul 25 09:06:11 PDT 2012

My evaluation of reporters on complex things is more ignorance
On Jul 25, 2012 11:58 AM, "Rick Hasen" <rhasen at law.uci.edu> wrote:

>  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
>
>
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>
>
> On Wed, Jul 25, 2012 at 8:47 AM, Rick Hasen <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*
>>
>> *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>]
>> *On Behalf Of *Rick Hasen
>> *Sent:* Wednesday, July 25, 2012 10:41 AM
>> *To:* Joe La Rue
>> *Cc:* JBoppjr at aol.com; 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
>> email: 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> 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 - 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
>>
>>
>> --
>> Rick Hasen
>> Chancellor's Professor of Law and Political Science
>> UC Irvine School of Law
>> 401 E. Peltason Dr., Suite 1000
>> Irvine, CA 92697-8000949.824.3072 - office949.824.0495 - faxrhasen at law.uci.eduhttp://law.uci.edu/faculty/page1_r_hasen.htmlhttp://electionlawblog.org
>> Pre-order The Voting Wars: http://amzn.to/y22ZTvwww.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 92697-8000949.824.3072 - office949.824.0495 - faxrhasen at law.uci.eduhttp://law.uci.edu/faculty/page1_r_hasen.htmlhttp://electionlawblog.org
> Pre-order The Voting Wars: http://amzn.to/y22ZTvwww.thevotingwars.com
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