[EL] Check out 'Citizen conventions' should respond to Citizens United, H...
JBoppjr at aol.com
JBoppjr at aol.com
Wed Jul 25 12:53:57 PDT 2012
Yes, as I explained already, Senator Leahy did just that. Jim Bopp
In a message dated 7/25/2012 1:52:28 P.M. Eastern Daylight Time,
rhasen at law.uci.edu writes:
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
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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
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Joseph E. La Rue
cell: _480.272.2715_ (tel:480.272.2715)
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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_
(http://law.capital.edu/faculty/bios/bsmith.aspx)
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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_ (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,
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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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UC Irvine School of Law
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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_ (mailto:rhasen at law.uci.edu)
_http://law.uci.edu/faculty/page1_r_hasen.html_
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_http://electionlawblog.org_ (http://electionlawblog.org/)
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