[EL] Free Speech Just Got More Expensive

Mon Apr 14 11:21:07 PDT 2014

Bill, is the corruption of a religious institution via huge gifts, or 
the corruption of minds by excessive proselytism, relevant to our 
democratic political system?

On 4/14/2014 1:09 PM, Bill Maurer wrote:
>
> The WaPo piece raises an issue that I always wonder about when I hear 
> faith leaders discuss how awful Citizens United and related cases are: 
> if Congress passed a law limiting how much money a person could 
> contribute to a religious institution, or limiting how much money a 
> religious institution could spend proselytizing, would these same 
> leaders consider those laws to be a violation of the right of free 
> exercise?
>
> Bill
>
> *From:*law-election-bounces at department-lists.uci.edu 
> [mailto:law-election-bounces at department-lists.uci.edu] *On Behalf Of 
> *Rick Hasen
> *Sent:* Sunday, April 13, 2014 9:46 AM
> *To:* law-election at UCI.edu
> *Subject:* [EL] ELB News and Commentary 4/13/14
>
>
>     With Leland Yee Out, Is CA Secretary of State Race Wide Open?
>     <http://electionlawblog.org/?p=60439>
>
> Posted on April 13, 2014 9:33 am 
> <http://electionlawblog.org/?p=60439>by Rick Hasen 
> <http://electionlawblog.org/?author=3>
>
> Front page 
> <http://www.latimes.com/local/la-me-secretary-of-state-20140413,0,5294613.story#axzz2ymgVCh2C> 
> of the CA section of today's /LA Times. /What's interesting is that 
> there are two potentially viable reform candidates in the race 
> <http://graphics.latimes.com/towergraphic-candidates-california-secretary-state/>, 
> Derek Cressman (running as a Democrat, and formerly of Common Cause) 
> and Dan Schnur (of USC's Jesse Unruh Institute, formerly a Republican 
> but running as a "no party preference" candidate).  Further, the Green 
> Party candidate David Curtis is making modification of the two-two 
> primary, because it makes it harder for third party or independent 
> candidates to run, one of his main issues.
>
> This is the first statewide race under top-two where things seem open 
> to a third party or non-party candidate. Nonetheless, party id still 
> matters a lot under top two, as may name recognition. The new Field 
> Poll <http://field.com/fieldpollonline/subscribers/Rls2465.pdf.>has 
> Republican Pete Peterson leading with 30% followed by Democrat Alex 
> Padilla with 17%. Part of the issue is that this is a low salience 
> race and the party preference on the general election ballot could 
> make a difference.
>
> Share 
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D60439&title=With%20Leland%20Yee%20Out%2C%20Is%20CA%20Secretary%20of%20State%20Race%20Wide%20Open%3F&description=>
>
> Posted incampaigns <http://electionlawblog.org/?cat=59>, primaries 
> <http://electionlawblog.org/?cat=32>
>
>
>     "Google, once disdainful of lobbying, now a master of Washington
>     influence" <http://electionlawblog.org/?p=60437>
>
> Posted on April 13, 2014 9:20 am 
> <http://electionlawblog.org/?p=60437>by Rick Hasen 
> <http://electionlawblog.org/?author=3>
>
> Your Sunday morning reading from WaPo 
> <http://www.washingtonpost.com/politics/how-google-is-transforming-power-and-politicsgoogle-once-disdainful-of-lobbying-now-a-master-of-washington-influence/2014/04/12/51648b92-b4d3-11e3-8cb6-284052554d74_story.html>, 
> which begins:
>
>     In May 2012, the law school at George Mason University hosted a
>     forum billed as a "vibrant discussion" about Internet search
>     competition. Many of the major players in the field were there ---
>     regulators from the Federal Trade Commission, federal and state
>     prosecutors, top congressional staffers.
>
>     What the guests had not been told was that the day-long academic
>     conference was in large part the work of Google
>     <http://washpost.bloomberg.com/marketnews/stockdetail/?symbol=GOOG>,
>     which maneuvered behind the scenes with GMU's Law & Economics
>     Center <http://www.masonlec.org/> to put on the event. At the
>     time, the company was under FTC investigation over concerns about
>     the dominance of its famed search engine, a case that threatened
>     Google's core business.
>
>     In the weeks leading up to the GMU event, Google executives
>     suggested potential speakers and guests, sending the center's
>     staff a detailed spreadsheet listing members of Congress, FTC
>     commissioners, and senior officials with the Justice Department
>     and state attorney general's offices.
>
>     "If you haven't sent out the invites yet, please use the attached
>     spreadsheet, which contains updated info," Google legal assistant
>     Yang Zhang wrote to Henry Butler, executive director of the law
>     center, according to internal e-mails obtained by The Washington
>     Post
>     <http://www.washingtonpost.com/news/politics/2014/04/12/how-google-worked-behind-the-scenes-to-invite-federal-regulators-to-conferences/>
>     through a public records request. "If you've sent out the invites,
>     would it be possible to add a few more?"
>
>     Butler replied, "We're on it!"
>
> Share 
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D60437&title=%E2%80%9CGoogle%2C%20once%20disdainful%20of%20lobbying%2C%20now%20a%20master%20of%20Washington%20influence%E2%80%9D&description=>
>
> Posted inlobbying <http://electionlawblog.org/?cat=28>
>
>
>     "FairVote Survey Shows Support for Takoma Park Voting Reforms"
>     <http://electionlawblog.org/?p=60435>
>
> Posted on April 13, 2014 9:16 am 
> <http://electionlawblog.org/?p=60435>by Rick Hasen 
> <http://electionlawblog.org/?author=3>
>
> Rob Richie blogs 
> <http://www.huffingtonpost.com/rob-richie/fairvote-survey-shows-sup_b_5134618.html>.
>
> Share 
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D60435&title=%E2%80%9CFairVote%20Survey%20Shows%20Support%20for%20Takoma%20Park%20Voting%20Reforms%E2%80%9D&description=>
>
> Posted inalternative voting systems <http://electionlawblog.org/?cat=63>
>
>
>     "Ranked Choice Voting and Civility: New Evidence from American
>     Cities" <http://electionlawblog.org/?p=60433>
>
> Posted on April 13, 2014 9:15 am 
> <http://electionlawblog.org/?p=60433>by Rick Hasen 
> <http://electionlawblog.org/?author=3>
>
> New FairVote report 
> <http://www.fairvote.org/assets/Ranked-Choice-Voting-Civility-Study-April-2014.pdf>, 
> which begins:
>
>     Ranked choice voting (RCV) has been associated with a range of
>     civic benefits, but in the context of the polarized politics of
>     the United States its potential to promote civil and inclusive
>     campaigns is especially promising. As the use of ranked choice
>     voting has increased in the U.S. -- including adoptions in
>     Minnesota's Twin Cities and the Bay Area in California -- there is
>     now more data available to test this idea in American elections.
>     Highlights from two recent studies provide strong evidence that
>     RCV has been embraced by voters and candidates alike, who see RCV
>     as a means of reducing divisive politics and fostering more
>     positive, inclusive, and informative campaigns.
>
> Share 
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D60433&title=%E2%80%9CRanked%20Choice%20Voting%20and%20Civility%3A%20New%20Evidence%20from%20American%20Cities%E2%80%9D&description=>
>
> Posted inalternative voting systems <http://electionlawblog.org/?cat=63>
>
>
>     Jeff Toobin and Ryan Lizza Discuss McCutcheon on New Yorker
>     Podcast <http://electionlawblog.org/?p=60431>
>
> Posted on April 13, 2014 9:13 am 
> <http://electionlawblog.org/?p=60431>by Rick Hasen 
> <http://electionlawblog.org/?author=3>
>
> Here. 
> <http://www.newyorker.com/online/blogs/newsdesk/2014/04/political-scene-little-chance-for-campaign-finance-reform.html?utm_source=tny&utm_campaign=generalsocial&utm_medium=twitter&mbid=social_twitter>
>
> Share 
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D60431&title=Jeff%20Toobin%20and%20Ryan%20Lizza%20Discuss%20McCutcheon%20on%20New%20Yorker%20Podcast&description=>
>
> Posted incampaign finance <http://electionlawblog.org/?cat=10>, 
> Supreme Court <http://electionlawblog.org/?cat=29>
>
>
>     "Mudslinging at the FEC over disclosure"
>     <http://electionlawblog.org/?p=60429>
>
> Posted on April 13, 2014 9:12 am 
> <http://electionlawblog.org/?p=60429>by Rick Hasen 
> <http://electionlawblog.org/?author=3>
>
> CPI 
> <http://www.publicintegrity.org/2014/04/11/14577/mudslinging-fec-over-disclosure>: 
> "Federal Election Commission Chairman Lee Goodman and two of his 
> fellow Republican colleagues skewered Vice Chairwoman Ann Ravel --- a 
> Democrat --- on Thursday because she didn't vote to defend the agency 
> last month against litigation from campaign finance reform-minded 
> organizations."
>
> My earlier coverage is here <http://electionlawblog.org/?p=60346>.
>
> Share 
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D60429&title=%E2%80%9CMudslinging%20at%20the%20FEC%20over%20disclosure%E2%80%9D&description=>
>
> Posted incampaign finance <http://electionlawblog.org/?cat=10>, 
> federal election commission <http://electionlawblog.org/?cat=24>
>
>
>     "COMMENTARY: Free speech just got more expensive"
>     <http://electionlawblog.org/?p=60427>
>
> Posted on April 13, 2014 9:09 am 
> <http://electionlawblog.org/?p=60427>by Rick Hasen 
> <http://electionlawblog.org/?author=3>
>
> Jusus Baird of Religion News Service has written a commentary 
> <http://www.washingtonpost.com/national/religion/commentary-free-speech-just-got-more-expensive/2014/04/08/3522733c-bf54-11e3-9ee7-02c1e10a03f0_story.html> 
> which begins:
>
>     /D/ear Supreme Court justices: When I heard about the McCutcheon
>     v. Federal Election Commission ruling, it made me plotz.
>
>     I'm a rabbi, so I know much more about the Talmud than about
>     torts. But if there's any group that can compete with scholars of
>     constitutional law, it's rabbis.
>
>     Your recent decision was all about the First Amendment and free
>     speech.
>
>     As I understand it, legal scholars have interpreted that word
>     "speech" to include "political expression." So far, I'm with you.
>     I think the freedom of being able to talk politics without fear of
>     reprisal, whether you are a mighty politician or a lowly voter, is
>     A-OK.
>
>     But when you said that political expression is the same as a
>     campaign contribution, you lost me.
>
> Share 
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D60427&title=%E2%80%9CCOMMENTARY%3A%20Free%20speech%20just%20got%20more%20expensive%E2%80%9D&description=>
>
> Posted incampaign finance <http://electionlawblog.org/?cat=10>, 
> Supreme Court <http://electionlawblog.org/?cat=29>
>
>
>     Zack Roth on Obama's Latest Volley in the Voting Wars
>     <http://electionlawblog.org/?p=60425>
>
> Posted on April 13, 2014 9:05 am 
> <http://electionlawblog.org/?p=60425>by Rick Hasen 
> <http://electionlawblog.org/?author=3>
>
> Here 
> <http://www.msnbc.com/msnbc/obama-democrats-go-all-voting-rights>, at 
> MSNBC.
>
> Share 
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D60425&title=Zack%20Roth%20on%20Obama%E2%80%99s%20Latest%20Volley%20in%20the%20Voting%20Wars&description=>
>
> Posted inelection administration <http://electionlawblog.org/?cat=18>, 
> The Voting Wars <http://electionlawblog.org/?cat=60>
>
>
>     "Florida no longer part of controversial national voter data
>     project" <http://electionlawblog.org/?p=60423>
>
> Posted on April 13, 2014 9:04 am 
> <http://electionlawblog.org/?p=60423>by Rick Hasen 
> <http://electionlawblog.org/?author=3>
>
> Miami Herald 
> <http://electionlawblog.org/Florida%20no%20longer%20part%20of%20controversial%20national%20voter%20data%20project%20%20Read%20more%20here:%20http:/miamiherald.typepad.com/nakedpolitics/2014/04/florida-no-longer-part-of-controversial-national-voter-data-project.html#storylink=cpy>:
>
>     For those following the issue of voter fraud nationwide, this
>     fact-check by PunditFact of a claim by Fox News commentator Dick
>     Morris is a must-read.
>
>     Morris said that "probably over a million people" voted twice in
>     the 2012 general election nationwide. PunditFact rated that False
>     --- and you can read the full report here
>     <http://www.politifact.com/punditfact/statements/2014/apr/10/dick-morris/dick-morris-theres-proof-over-1-million-people-vot/>.
>
>     Morris was referring to data from a project dubbed Interstate
>     Crosscheck run by Republican Kansas Secretary of State Kris Kobach.
>
>     As of 2013, 28 states sent voter information to Kansas where the
>     record of each of their voters is run against the records in all
>     the other participating states. They are matched on first name,
>     last name, date of birth and Social Security number.
>
>     Interstate Crosscheck's own guide for states includes an important
>     caveat that tends to get overlooked: "a significant number of
>     apparent double votes are false positives and not double votes.
>     Many are the result of errors --- voters sign the wrong line in
>     the poll book, election clerks scan the wrong line with a barcode
>     scanner."
>
>     Interstate Crosscheck's reports in 2013 include Florida data based
>     on the 2012 election. However, Florida is absent from the 2014
>     report. We asked a spokeswoman for Republican Secretary of State
>     Ken Detzner why Florida dropped out.
>
> Dan Smith 
> <http://electionsmith.wordpress.com/2014/04/12/kansas-sos-kobachs-interstate-voter-registration-matching-program-so-unreliable-even-florida-has-opted-out/>: 
> Kansas SOS Kobach's interstate voter registration matching program so 
> unreliable, even Florida has opted out
>
> Share 
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D60423&title=%E2%80%9CFlorida%20no%20longer%20part%20of%20controversial%20national%20voter%20data%20project%E2%80%9D&description=>
>
> Posted inelection administration <http://electionlawblog.org/?cat=18>, 
> The Voting Wars <http://electionlawblog.org/?cat=60>
>
> -- 
> 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://www.law.uci.edu/faculty/full-time/hasen/
> http://electionlawblog.org
> ------------------------------------------------------------------------
>
>
> Spam 
> <https://antispam.roaringpenguin.com/canit/b.php?i=04LNsKiNb&m=7f6ddebdeb7b&t=20140413&c=s>
> Not spam 
> <https://antispam.roaringpenguin.com/canit/b.php?i=04LNsKiNb&m=7f6ddebdeb7b&t=20140413&c=n>
> Forget previous vote 
> <https://antispam.roaringpenguin.com/canit/b.php?i=04LNsKiNb&m=7f6ddebdeb7b&t=20140413&c=f>
>
>
>
> _______________________________________________
> Law-election mailing list
> Law-election at department-lists.uci.edu
> http://department-lists.uci.edu/mailman/listinfo/law-election

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20140414/28578db7/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: not available
Type: image/png
Size: 1504 bytes
Desc: not available
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20140414/28578db7/attachment.png>