[EL] Check out 'Citizen conventions' should respond to Citizens United, Harvard la
Rick Hasen
rhasen at law.uci.edu
Wed Jul 25 10:52:14 PDT 2012
So then what did you mean when your wrote initially, in response to Jim:
"You don't think there's a deliberate effort to misstate the holding, do
you, Jim? Surely not!" ?
On 7/25/2012 10:49 AM, Joe La Rue wrote:
> Sorry, was in a meeting. No, I'm not accusing this particular reporter
> of deliberate misstatement. I'm simply saying that there are those who
> deliberately misstate things (just as there are those on "my side" who
> deliberately misstate the number of fraudulent voters).
> 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 8:58 AM, Rick Hasen <rhasen at law.uci.edu
> <mailto: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 <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 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
>>> www.thevotingwars.com <http://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 92697-8000
>> 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 <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>
>
>
--
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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