[EL] Comment posted on J. Christian Adams's blog

Scarberry, Mark Mark.Scarberry at pepperdine.edu
Fri Apr 18 14:41:51 PDT 2014


Adams accurately quotes me as saying,

"I couldn't disagree more with Adams. I consider myself to be mostly conservative on election law issues, if that's a meaningful category, and to be on the 'less regulation more 1st Amendment-protective' side; and I think the list is a great 'place' for discussion. Sometimes my posts get substantial responses; sometimes not. But Rick and UCI do a real service in providing this viewpoint-neutral limited forum (if that's the right description)."

http://pjmedia.com/tatler/2014/04/18/irs-scandal-one-way-civility-in-academia/?singlepage=true.

I just posted this comment in response:

"For the most part, Mr. Adams fails to distinguish between Prof. Hasen's blog, which of course reflects Prof. Hasen's views -- just as Mr. Adams's blog reflects his -- and the listserv Hasen moderates. Mr. Adams attacked the listserv, not just the blog. In response to my comment, which was addressed to the value of the *listserv*, Mr. Adams says 'Hasen's playground is hardly a viewpoint-neutral forum, at least his blog.' Of course, I didn't say that the blog was viewpoint-neutral. The blog isn't a 'playground' or a forum at all; it is Prof. Hasen's blog.

"The listserv, on the other hand, includes participants from across the spectrum: liberals, conservatives, and libertarians; people in favor of tighter regulation of campaign finance and people who think campaign finance regulation violates the First Amendment; people who think voter ID laws are pernicious and people who support them; people who think the Citizens United decision was correct (including me) and people who are critical of it. Prof. Hasen doesn't censor posts that are made to the list. It is viewpoint neutral, as I said in the statement quoted by Mr. Adams. The list is a valuable forum where participants with very different views can discuss election law issues."


Mark

Mark S. Scarberry
Professor of Law
Pepperdine Univ. School of Law

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