[EL] Spending by billionaires
Rick Hasen
rhasen at law.uci.edu
Mon Feb 1 09:59:41 PST 2016
Thanks for giving me a chance to plug my book
<http://www.amazon.com/Plutocrats-United-Campaign-Distortion-Elections/dp/0300212453/>,
which devotes an entire chapter, "The (New) Media," to the question. It
is part of Part III of the book, Objections, which also considers
censorship, incumbency protection, and political polarization as reasons
to oppose campaign regulation.
Rick
On 2/1/2016 9:47 AM, Bill Maurer wrote:
>
> Professor Hasen,
>
> I found your op-ed in the New York Daily News interesting and
> challenging, even if I did not agree with it (I suspect we agree on
> what’s wrong with American politics, but diverge on what to do about
> it). I note that you published a piece decrying that those with “the
> greatest wealth have a much better chance to influence elections and
> public policy than the rest of us” in a newspaper owned by a
> billionaire who has a much better chance to influence elections and
> public policy than the rest of us by publishing his newspaper.
> Moreover, his paper regularly makes endorsements in federal and state
> elections using general treasury funds, exactly what reformers decry
> in Citizens United.
>
> I have not been able to ever get a straight answer from those
> supporting campaign finance regulations as to why Mort Zuckerman’s (or
> the Grahams, Sulzburgers, Murdochs, etc. (but not Sheldon Adelson’s
> apparently)) spending in a general election is a great American
> tradition if it is sold at a newsstand, but if he spent the same
> amount of money and spread the same message in the form of flyers,
> television commercials, or radio spots, we’re on a slippery slope to
> Caudillo-land. Indeed, as I see it, if Mort Zuckerman has a piece on
> the editorial page saying “Vote for Hillary Clinton,” the reform
> community is okay with that, but if it is an ad on the facing page
> with the same text (hell, maybe even the same type), it’s a part of
> the plutocracy.
>
> I once asked a local newspaper opinion writer here why his political
> advocacy using money was okay but the Kochs’ was not and he accused me
> of sophistry, but never answered the question.
>
> I know that in your early writings, you had suggested that it was time
> to rethink the press exemption, but I believe you have backed off that
> view. Is that accurate? And, if so, why? And, if you have, isn’t the
> best way to fight the influence of people like Zuckerman to allow
> folks to speak as much as they wish in whatever form they wish, so
> that the voices of newspaper-owning billionaires does not drown out
> the voice of everyone else?
>
> I realize you may have addressed this in your book, but I have not had
> an opportunity to read it yet—regardless, thanks in advance for any
> response,
>
> 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:* Monday, February 01, 2016 7:58 AM
> *To:* law-election at uci.edu
> *Subject:* [EL] ELB News and Commentary 2/1/16
>
>
> “Federal trial in Voter ID lawsuits expected to wrap up”
> <http://electionlawblog.org/?p=79477>
>
> Posted onFebruary 1, 2016 7:53 am
> <http://electionlawblog.org/?p=79477>by*Rick Hasen*
> <http://electionlawblog.org/?author=3>
>
> AP
> reports<http://www.statesville.com/news/state/ap/federal-trial-in-voter-id-lawsuits-expected-to-wrap-up/article_e423010e-99ff-5a53-ab9a-948616e9e8e7.html>from
> NC.
>
> Share
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D79477&title=%26%238220%3BFederal%20trial%20in%20Voter%20ID%20lawsuits%20expected%20to%20wrap%20up%26%238221%3B&description=>
>
> Posted inelection administration
> <http://electionlawblog.org/?cat=18>,The Voting Wars
> <http://electionlawblog.org/?cat=60>,voter id
> <http://electionlawblog.org/?cat=9>
>
>
> “Trump Condemns Cruz’s ‘Most Disgraceful’ Voter Violation Mailers”
> <http://electionlawblog.org/?p=79475>
>
> Posted onFebruary 1, 2016 7:52 am
> <http://electionlawblog.org/?p=79475>by*Rick Hasen*
> <http://electionlawblog.org/?author=3>
>
> TPM reports.
> <http://talkingpointsmemo.com/livewire/trump-condemns-cruz-campaign-mailers>
>
> Share
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D79475&title=%26%238220%3BTrump%20Condemns%20Cruz%26%238217%3Bs%20%26%238216%3BMost%20Disgraceful%26%238217%3B%20Voter%20Violation%20Mailers%26%238221%3B&description=>
>
> Posted incampaigns <http://electionlawblog.org/?cat=59>
>
>
> “Donations, big and small, continue to pour into 2016 race”
> <http://electionlawblog.org/?p=79473>
>
> Posted onFebruary 1, 2016 7:51 am
> <http://electionlawblog.org/?p=79473>by*Rick Hasen*
> <http://electionlawblog.org/?author=3>
>
> WaPo reports.
> <https://www.washingtonpost.com/politics/billionaires-and-small-donors-help-pour-millions-into-2016-race/2016/01/31/c5d2d63c-c85e-11e5-88ff-e2d1b4289c2f_story.html>
>
> Share
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D79473&title=%26%238220%3BDonations%2C%20big%20and%20small%2C%20continue%20to%20pour%20into%202016%20race%26%238221%3B&description=>
>
> Posted incampaign finance <http://electionlawblog.org/?cat=10>
>
>
> “Campaign-Finance Reports Suggest Long Battles for U.S.
> Presidential Elections” <http://electionlawblog.org/?p=79471>
>
> Posted onFebruary 1, 2016 7:50 am
> <http://electionlawblog.org/?p=79471>by*Rick Hasen*
> <http://electionlawblog.org/?author=3>
>
> WSJ reports.
> <http://www.wsj.com/articles/campaign-finance-reports-suggest-long-battles-for-u-s-presidential-elections-1454331746>
>
> Share
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D79471&title=%26%238220%3BCampaign-Finance%20Reports%20Suggest%20Long%20Battles%20for%20U.S.%20Presidential%20Elections%26%238221%3B&description=>
>
> Posted incampaign finance <http://electionlawblog.org/?cat=10>
>
>
> “GOP, State Agree on Court Question to Resolve Election Law
> Dispute” <http://electionlawblog.org/?p=79469>
>
> Posted onFebruary 1, 2016 7:48 am
> <http://electionlawblog.org/?p=79469>by*Rick Hasen*
> <http://electionlawblog.org/?author=3>
>
> KSL
> <https://www.ksl.com/?sid=38323362&nid=148&title=gop-state-agree-on-court-question-to-resolve-election-law-dispute&s_cid=queue-18>:
>
> /The Utah Republican Party and the state agreed on a question
> Friday to pose to the Utah Supreme Court to resolve their ongoing
> dispute over a new election law./
>
> /Specifically, they will ask the court if a political party must
> permit its members to seek nominations for elected office by
> either or both of the methods spelled out in the law or if party
> may preclude a member from gathering signatures./
>
> /The GOP maintains the decision rests with the party, and it has
> chosen Utah’s longstanding caucus and convention system. The state
> contends the candidate has the option to seek the nomination at
> the convention or by collecting a requisite number of signatures
> allowed under SB54 or both./
>
> Share
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D79469&title=%26%238220%3BGOP%2C%20State%20Agree%20on%20Court%20Question%20to%20Resolve%20Election%20Law%20Dispute%26%238221%3B&description=>
>
> Posted inpolitical parties
> <http://electionlawblog.org/?cat=25>,primaries
> <http://electionlawblog.org/?cat=32>
>
>
> “White House race nearing $1 billion; Big-money super PACs have
> raised almost half of presidential cash”
> <http://electionlawblog.org/?p=79467>
>
> Posted onFebruary 1, 2016 7:23 am
> <http://electionlawblog.org/?p=79467>by*Rick Hasen*
> <http://electionlawblog.org/?author=3>
>
> CPI reports
> <http://www.publicintegrity.org/2016/02/01/19220/white-house-race-nearing-1-billion>.
>
> Share
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D79467&title=%26%238220%3BWhite%20House%20race%20nearing%20%241%20billion%3B%20Big-money%20super%20PACs%20have%20raised%20almost%20half%20of%20presidential%20cash%26%238221%3B&description=>
>
> Posted incampaign finance
> <http://electionlawblog.org/?cat=10>,campaigns
> <http://electionlawblog.org/?cat=59>
>
>
> “Diluting the Power of Big Money”
> <http://electionlawblog.org/?p=79465>
>
> Posted onFebruary 1, 2016 7:13 am
> <http://electionlawblog.org/?p=79465>by*Rick Hasen*
> <http://electionlawblog.org/?author=3>
>
> Renee Loth column
> <http://www.bloomberg.com/politics/articles/2016-02-01/the-power-of-the-super-pac-wanes-as-trump-prepares-for-iowa-test?cmpid=BBD020116_POL>for
> the Boston Globe.
>
> Share
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D79465&title=%26%238220%3BDiluting%20the%20Power%20of%20Big%20Money%26%238221%3B&description=>
>
> Posted incampaign finance
> <http://electionlawblog.org/?cat=10>,campaigns
> <http://electionlawblog.org/?cat=59>
>
>
> “The Power of the Super-PAC Wanes as Trump Prepares for Iowa Test”
> <http://electionlawblog.org/?p=79463>
>
> Posted onFebruary 1, 2016 7:12 am
> <http://electionlawblog.org/?p=79463>by*Rick Hasen*
> <http://electionlawblog.org/?author=3>
>
> Bloomberg reports.
> <http://www.bloomberg.com/politics/articles/2016-02-01/the-power-of-the-super-pac-wanes-as-trump-prepares-for-iowa-test?cmpid=BBD020116_POL>
>
> Share
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D79463&title=%26%238220%3BThe%20Power%20of%20the%20Super-PAC%20Wanes%20as%20Trump%20Prepares%20for%20Iowa%20Test%26%238221%3B&description=>
>
> Posted incampaign finance
> <http://electionlawblog.org/?cat=10>,campaigns
> <http://electionlawblog.org/?cat=59>
>
>
> “Adelson begins to play with his new toy”
> <http://electionlawblog.org/?p=79461>
>
> Posted onFebruary 1, 2016 7:06 am
> <http://electionlawblog.org/?p=79461>by*Rick Hasen*
> <http://electionlawblog.org/?author=3>
>
> Ralston reports
> <https://www.ralstonreports.com/blog/adelson-begins-play-his-new-toy>:
>
> /Once upon a time, The Las Vegas Review-Journal editorial page was
> a bastion of libertarianism, arguing, among other things, that
> public money should not be used to subsidize stadium projects./
>
> /But on Sunday, after prominent stories given to the newspaper by
> its new owner, the RJ has switched its position and come outin
> favor of public money
> <http://www.reviewjournal.com/opinion/editorials/editorial-no-place-dome-stadium-proposal-must-do>for
> a new stadium being pushed by said owner, Sheldon Adelson, to
> possibly host the NFL Raiders. The editorial was featured on the
> home page of the site, right belowa story
> <http://www.reviewjournal.com/business/stadium/public-funding-would-cover-two-thirds-unlv-stadium-costs>leading
> the site about public financing for the proposal, which already
> has catalyzed a blizzard of negative comments./
>
> Share
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D79461&title=%26%238220%3BAdelson%20begins%20to%20play%20with%20his%20new%20toy%26%238221%3B&description=>
>
> Posted incampaigns <http://electionlawblog.org/?cat=59>
>
>
> “Wall Street’s Donor Role Expands as Money Flows Into 2016
> Election” <http://electionlawblog.org/?p=79459>
>
> Posted onJanuary 31, 2016 5:54 pm
> <http://electionlawblog.org/?p=79459>by*Rick Hasen*
> <http://electionlawblog.org/?author=3>
>
> WSJ
> <http://www.wsj.com/articles/wall-streets-donor-role-expands-as-money-flows-into-2016-election-1454288426?mod=rss_US_News>on
> the rise of the plutocracy:
>
> /Wall Street is emerging as a particularly dominant funding source
> for Republicans and Democrats in the presidential election, early
> campaign-finance reports filed with the Federal Election
> Commission show. The trend comes even as candidates seek to cast
> themselves as uniquely able to take on the bankers and investors
> who contributed to the economy’s collapse almost a decade ago./
>
> Share
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D79459&title=%26%238220%3BWall%20Street%E2%80%99s%20Donor%20Role%20Expands%20as%20Money%20Flows%20Into%202016%20Election%26%238221%3B&description=>
>
> Posted incampaign finance <http://electionlawblog.org/?cat=10>
>
>
> “Trump’s Pitch Highlights that Ballots are Secret”
> <http://electionlawblog.org/?p=79457>
>
> Posted onJanuary 31, 2016 5:49 pm
> <http://electionlawblog.org/?p=79457>by*Rick Hasen*
> <http://electionlawblog.org/?author=3>
>
> Political Wire
> <https://politicalwire.com/2016/01/31/trumps-pitch-highlights-that-ballots-are-secret/>highlights
> this aspect ofa NYT repor
> <http://www.nytimes.com/2016/01/31/us/politics/ted-cruz-counters-donald-trump-with-targeted-approach-in-iowa.html?_r=0>t
> on tomorrow’s Iowa caucus. There’s no secret ballot on the Democratic
> side.
>
> Why does this matter that Republican votes are secret? We’ve seen it
> before: people are sometimes reluctant to admit to pollsters how they
> plan to vote if they expect the pollsters to disapprove. With Trump
> branded a racist and boor by some, this could cause people to lie to
> pollsters and then pollsters underestimate his support.
>
> Share
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D79457&title=%26%238220%3BTrump%E2%80%99s%20Pitch%20Highlights%20that%20Ballots%20are%20Secret%26%238221%3B&description=>
>
> Posted incampaigns <http://electionlawblog.org/?cat=59>
>
>
> “November’s big ballot probably won’t be downsized by California’s
> new election law” <http://electionlawblog.org/?p=79455>
>
> Posted onJanuary 31, 2016 5:34 pm
> <http://electionlawblog.org/?p=79455>by*Rick Hasen*
> <http://electionlawblog.org/?author=3>
>
> John Myers
> <http://www.latimes.com/politics/la-pol-sac-initiative-reform-november-ballot-20160131-story.html>for
> the LAT:
>
> /In a state where direct democracy is considered a birthright,
> activists have often bypassed legislators and asked voters to
> write laws at the ballot box./
>
> /But one year after the enactment of what was hailed as a major
> electoral reform to encourage compromise between the two lawmaking
> processes, there’s still skepticism of working inside the world of
> Sacramento politics./
>
> /Even from some politicians who work there./
>
> Share
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D79455&title=%26%238220%3BNovember%26%238217%3Bs%20big%20ballot%20probably%20won%26%238217%3Bt%20be%20downsized%20by%20California%26%238217%3Bs%20new%20election%20law%26%238221%3B&description=>
>
> Posted indirect democracy <http://electionlawblog.org/?cat=62>
>
>
> “The Jeb Bush Hatchet Man Who Might Accidentally Elect Donald
> Trump” <http://electionlawblog.org/?p=79453>
>
> Posted onJanuary 31, 2016 5:24 pm
> <http://electionlawblog.org/?p=79453>by*Rick Hasen*
> <http://electionlawblog.org/?author=3>
>
> Jeb Bush Super PAC fundraisingmay matter
> <http://www.buzzfeed.com/mckaycoppins/the-jeb-bush-hatchet-man-who-might-accidentally-elect-donald#.uevZx71N0>,
> but not in the way you might think.
>
> Share
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D79453&title=%26%238220%3BThe%20Jeb%20Bush%20Hatchet%20Man%20Who%20Might%20Accidentally%20Elect%20Donald%20Trump%26%238221%3B&description=>
>
> Posted incampaign finance
> <http://electionlawblog.org/?cat=10>,campaigns
> <http://electionlawblog.org/?cat=59>
>
>
> Talk of Clinton Indictment Fueling Legal (But Mostly Political)
> Questions <http://electionlawblog.org/?p=79451>
>
> Posted onJanuary 31, 2016 2:46 pm
> <http://electionlawblog.org/?p=79451>by*Rick Hasen*
> <http://electionlawblog.org/?author=3>
>
> Mike Allen’s Playbook <http://www.politico.com/playbook>leads with
> Peter Baker’s comments <https://www.youtube.com/watch?v=kqYefKMNGe4>on
> CNN: re Hillary emails: “Her problem at this point is NOT the
> Republicans. Her problem is the FBI and the Obama Justice Department.
> And what Democrats are quietly, absolutely petrified about is that
> come summer, … you find an indictment of people around her, of her, or
> a request for a special prosecutor — SOMETHING that just basically
> turns this into a complete DISASTER for the Democrats in which it’s
> too late to change horses.”
>
> I’m hearing more talk from Republicans convinced that there will be
> such an indictment. Seth Barrett Tillmanhas even blogged
> <http://reformclub.blogspot.ie/2016/01/two-presidential-candidates-consistent.html>on
> what happens if such an indictment strikes at various points in the
> election. Tillman’s post gotJack Balkin’s
> <http://balkin.blogspot.com/2016/01/more-grist-for-law-professors-mill.html>attention,
> who says that the general issue deserves some academic attention.
>
> Perhaps so. But this seems much more likely to be a political problem
> for Clinton than a legal one, givenindications from the White
> House<http://www.weeklystandard.com/wh-clinton-wont-be-indicted-based-on-what-we-know/article/2000828>that
> no indictment appears in the cards. The immediate political question
> will be whether Bernie Sanders comes down heavier on this issue. At
> first he said no more about the “damn emails,” and now he said that it
> its a “very serious issue
> <http://www.cnn.com/2016/01/31/politics/bernie-sanders-hillary-clinton-emails-iowa/index.html>.”
> But whatever Sanders throws will be much less than what I expect to
> see from Republicans after Clinton gets the Democratic nomination.
>
> Share
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D79451&title=Talk%20of%20Clinton%20Indictment%20Fueling%20Legal%20%28But%20Mostly%20Political%29%20Questions&description=>
>
> Posted incampaigns <http://electionlawblog.org/?cat=59>
>
>
> “The New Anti-Sanders Super PAC Is Funded By Anti-Clinton Donors”
> <http://electionlawblog.org/?p=79449>
>
> Posted onJanuary 31, 2016 2:29 pm
> <http://electionlawblog.org/?p=79449>by*Rick Hasen*
> <http://electionlawblog.org/?author=3>
>
> Some three-dimensional chess
> <http://www.huffingtonpost.com/entry/esa-fund-anti-sanders-super-pac_us_56ae76cae4b0010e80ea89fa?4nsl9pb9=>from
> Joe Ricketts:
>
> /About a week ago, a super PAC bankrolled by a wealthy
> conservative donorannounced that
> <http://www.nytimes.com/politics/first-draft/2016/01/25/bernie-sanders-a-target-of-ads-by-republican-donor/>it
> would run an ad attacking Sen. Bernie Sanders (I-Vt.) for being
> too far along the ideological spectrum./
>
> /The group, called ESA Fund, was reportedly backed by $600,000 in
> spending from TD Ameritrade executive Joe Ricketts. And its ad
> went after Sanders for supporting things like free college
> tuition, Medicare for all and tax hikes on the super rich./
>
> Share
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D79449&title=%26%238220%3BThe%20New%20Anti-Sanders%20Super%20PAC%20Is%20Funded%20By%20Anti-Clinton%20Donors%26%238221%3B&description=>
>
> Posted incampaign finance
> <http://electionlawblog.org/?cat=10>,campaigns
> <http://electionlawblog.org/?cat=59>
>
>
> “How a California senator plans to take on the City of Industry”
> <http://electionlawblog.org/?p=79447>
>
> Posted onJanuary 31, 2016 2:27 pm
> <http://electionlawblog.org/?p=79447>by*Rick Hasen*
> <http://electionlawblog.org/?author=3>
>
> An important and underreported story.
> <http://www.dailynews.com/government-and-politics/20160130/how-a-california-senator-plans-to-take-on-the-city-of-industry>
>
> Share
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D79447&title=%26%238220%3BHow%20a%20California%20senator%20plans%20to%20take%20on%20the%20City%20of%20Industry%26%238221%3B&description=>
>
> Posted inchicanery <http://electionlawblog.org/?cat=12>,voting
> <http://electionlawblog.org/?cat=31>
>
>
> “NC’s new Voter ID rule narrows the right to vote”
> <http://electionlawblog.org/?p=79445>
>
> Posted onJanuary 31, 2016 2:24 pm
> <http://electionlawblog.org/?p=79445>by*Rick Hasen*
> <http://electionlawblog.org/?author=3>
>
> Ned Barnett column
> <http://www.newsobserver.com/opinion/opn-columns-blogs/ned-barnett/article57519288.html>in
> the /News and Observer./
>
> Share
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D79445&title=%26%238220%3BNC%E2%80%99s%20new%20Voter%20ID%20rule%20narrows%20the%20right%20to%20vote%26%238221%3B&description=>
>
> Posted inelection administration
> <http://electionlawblog.org/?cat=18>,The Voting Wars
> <http://electionlawblog.org/?cat=60>,voter id
> <http://electionlawblog.org/?cat=9>
>
>
> “Hedge fund managers shower millions on pro-Rubio super PAC”
> <http://electionlawblog.org/?p=79443>
>
> Posted onJanuary 31, 2016 2:20 pm
> <http://electionlawblog.org/?p=79443>by*Rick Hasen*
> <http://electionlawblog.org/?author=3>
>
> WaPo reports.
> <https://www.washingtonpost.com/news/post-politics/wp/2016/01/31/hedge-fund-managers-shower-millions-on-pro-rubio-super-pac/>
>
> Share
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D79443&title=%26%238220%3BHedge%20fund%20managers%20shower%20millions%20on%20pro-Rubio%20super%20PAC%26%238221%3B&description=>
>
> Posted incampaign finance <http://electionlawblog.org/?cat=10>
>
>
> “Finding solutions to the campaign finance crisis”
> <http://electionlawblog.org/?p=79441>
>
> Posted onJanuary 31, 2016 2:19 pm
> <http://electionlawblog.org/?p=79441>by*Rick Hasen*
> <http://electionlawblog.org/?author=3>
>
> Norm Eisen and Curtlyn Krame
> <http://www.brookings.edu/blogs/fixgov/posts/2016/01/29-solutions-to-the-campaign-finance-crisis-eisen-kramer>r
> at Brookings.
>
> Share
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D79441&title=%26%238220%3BFinding%20solutions%20to%20the%20campaign%20finance%20crisis%26%238221%3B&description=>
>
> Posted incampaign finance <http://electionlawblog.org/?cat=10>
>
>
> The Real Crime of the Caucus Process is Not Cruz’s Mailer but the
> Caucus Process Itself <http://electionlawblog.org/?p=79438>
>
> Posted onJanuary 31, 2016 2:05 pm
> <http://electionlawblog.org/?p=79438>by*Rick Hasen*
> <http://electionlawblog.org/?author=3>
>
> Look
> <http://www.newyorker.com/news/news-desk/ted-cruzs-iowa-mailers-are-more-fraudulent-than-everyone-thinks?reload>at
> how Ryan Lizza’s piece on the Ted Cruzmisleading
> mailers<http://electionlawblog.org/?p=79435>ends:
>
> /Donna Holstein, who was listed on one of them, was upset to learn
> that she had been given a failing grade and that her neighbors
> might be told whether she participates in the caucus or not. She
> told me that she has voted consistently but that she can’t this
> time because of a disability./
>
> /“I’m crippled, so I can’t go to the caucus,” Holstein said. She
> was not happy about being shamed in front of her neighbors.
> “That’s what you call a bully,” she said about Cruz’s tactics. “I
> wish he would quit.”/
>
> The caucus system is inherently discriminatory against those who are
> disabled, or who have to work or travel during caucus time. See my
> 2012 Slate piece:Kill the Caucuses!
> <http://www.slate.com/articles/news_and_politics/jurisprudence/2012/02/congress_should_kill_the_republican_and_democratic_state_caucuses_and_mandate_primaries_instead_.html>
>
> Share
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D79438&title=The%20Real%20Crime%20of%20the%20Caucus%20Process%20is%20Not%20Cruz%26%238217%3Bs%20Mailer%20but%20the%20Caucus%20Process%20Itself&description=>
>
> Posted inelection administration
> <http://electionlawblog.org/?cat=18>,primaries
> <http://electionlawblog.org/?cat=32>
>
>
> “Ted Cruz Defends Mailer Dubbed ‘Misleading’ By Iowa’s Secretary
> of State” <http://electionlawblog.org/?p=79435>
>
> Posted onJanuary 31, 2016 1:00 pm
> <http://electionlawblog.org/?p=79435>by*Rick Hasen*
> <http://electionlawblog.org/?author=3>
>
> Pema Levy
> <http://www.motherjones.com/mojo/2016/01/ted-cruz-defends-voting-violation-mailer-iowa>for
> Mother Jones:
>
> /Ted Cruz on Saturday evening defended a mailer sent out by his
> campaign that has beencriticized
> <http://www.nytimes.com/politics/first-draft/2016/01/30/iowa-official-criticizes-cruz-campaign-over-mailer/>by
> Iowa’s secretary of state as “misleading” and a violation of “the
> spirit of the Iowa caucuses.”/
>
> /“I will apologize to no one for using every tool we can to
> encourage Iowa voters to come out and vote,” Cruz said, speaking
> to reporters before a rally in Sioux City, Iowa./
>
> /Earlier Saturday, the Cruz campaign came under fire for sending
> out a mailer, with the look of an official state document, that
> warns of a “voting violation.” It informs voters they are
> receiving the notice “because of low expected voter turnout in
> your area” and says a “follow-up notice” may arrive after the Iowa
> caucuses./
>
> I’ve been getting questions about the legality of the Cruz mailer.
>
> There is no federal law barring generally misleading campaign speech.
> There are laws against intimidating voters, but I don’t think that’s
> what it is.
>
> The alternative would be some kind of claim of common law fraud (a
> tort), but this could well be a stretch.
>
> There are also first amendment issues related to regulatingmisleading
> campaign speech
> <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2151618>.
>
> Unless there’s something specific in Iowa law making this illegal (and
> unless such a law is constitutional), I think this kind of mailer is
> allowed.
>
> Share
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D79435&title=%26%238220%3BTed%20Cruz%20Defends%20Mailer%20Dubbed%20%26%238216%3BMisleading%26%238217%3B%20By%20Iowa%26%238217%3Bs%20Secretary%20of%20State%26%238221%3B&description=>
>
> Posted inUncategorized <http://electionlawblog.org/?cat=1>
>
>
> “The Koch Network Has Already Spent $400 Million In Run-Up To
> 2016” <http://electionlawblog.org/?p=79433>
>
> Posted onJanuary 30, 2016 6:35 pm
> <http://electionlawblog.org/?p=79433>by*Rick Hasen*
> <http://electionlawblog.org/?author=3>
>
> Tarini Parti
> <http://www.buzzfeed.com/tariniparti/the-koch-network-has-already-spent-400-million-in-run-up-to#.drOw39LnQ>reports
> for Buzzfeed from the Koch meeting in CA.
>
> /Koch’s comments at a resort in the California desert were part of
> his opening remarks for the annual winter meeting of the network,
> which intends to spend $889 million on conservative causes and
> candidates in line with the brothers’ political philosophy in the
> two-year 2016 election cycle. The network — called Freedom
> Partners — already spent just under $400 million in 2015, a top
> official revealed Saturday./
>
> /In his remarks, Koch also laid out four priorities for the
> network that he believes will change the country./
>
> /“The first one is to change, reverse the policies that are moving
> us toward…a society that is destroying opportunities for the
> disadvantage and creating welfare for the wealthy,” he said./
>
> /“The second one is the irresponsible, destructive spending by
> both political parties that is making people’s lives worse. And
> the third one is to get government at all levels — that is local,
> state and federal — to focus on the government’s primary
> responsibility to keep America safe instead of being distracted
> with all sorts of other objectives…And last, but not least —
> protecting free speech, which is the foundation of a free society.”/
>
> Share
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D79433&title=%26%238220%3BThe%20Koch%20Network%20Has%20Already%20Spent%20%24400%20Million%20In%20Run-Up%20To%202016%26%238221%3B&description=>
>
> Posted incampaign finance
> <http://electionlawblog.org/?cat=10>,campaigns
> <http://electionlawblog.org/?cat=59>,tax law and election law
> <http://electionlawblog.org/?cat=22>
>
>
> “Brooklyn Law School hosts Buckley v. Valeo discussion for case’s
> 40th anniversary” <http://electionlawblog.org/?p=79431>
>
> Posted onJanuary 30, 2016 6:34 pm
> <http://electionlawblog.org/?p=79431>by*Rick Hasen*
> <http://electionlawblog.org/?author=3>
>
> The Brooklyn Eagle reports.
> <http://www.brooklyneagle.com/articles/2016/1/29/brooklyn-law-school-hosts-buckley-v-valeo-discussion-case%E2%80%99s-40th-anniversary>
>
> Share
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D79431&title=%26%238220%3BBrooklyn%20Law%20School%20hosts%20Buckley%20v.%20Valeo%20discussion%20for%20case%E2%80%99s%2040th%20anniversary%26%238221%3B&description=>
>
> Posted incampaign finance <http://electionlawblog.org/?cat=10>,Supreme
> Court <http://electionlawblog.org/?cat=29>
>
>
> “A Landmark of Political Freedom”
> <http://electionlawblog.org/?p=79428>
>
> Posted onJanuary 30, 2016 6:33 pm
> <http://electionlawblog.org/?p=79428>by*Rick Hasen*
> <http://electionlawblog.org/?author=3>
>
> Brooklyn Law
> <https://www.brooklaw.edu/%7E/media/F60BDCB6728444488A14CC5BAF437665.pdfI>:
>
> /As a young lawyer for the ACLU, Professor Joel Gora argued before
> the U.S. Supreme Court in the landmark Buckley v. Valeo case. Here
> he reflects on the history of the case and its continuing impact
> on campaign finance law./
>
> Share
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D79428&title=%26%238220%3BA%20Landmark%20of%20Political%20Freedom%26%238221%3B&description=>
>
> Posted incampaign finance <http://electionlawblog.org/?cat=10>,Supreme
> Court <http://electionlawblog.org/?cat=29>
>
>
> “Loosening money’s grip on elections: How to change the
> billionaire-dominated campaign finance landscape, 40 years after
> Buckley vs. Valeo” <http://electionlawblog.org/?p=79426>
>
> Posted onJanuary 30, 2016 8:33 am
> <http://electionlawblog.org/?p=79426>by*Rick Hasen*
> <http://electionlawblog.org/?author=3>
>
> My piece
> <http://www.nydailynews.com/opinion/rick-hasen-loosening-money-grip-elections-article-1.2513936?cid=bitly>in
> today’s NY Daily News:
>
> /Forty years ago today, the Supreme Court decided Buckley vs.
> Valeo, a case that has distorted our thinking and talking about
> money in politics for nearly two generations and that has taken
> this country down a perilous path on campaign finance./
>
> /We should no longer mince words about the consequences for our
> representative government. Buckley, and its better-known
> offspring, 2010’s Citizens United vs. FEC, are leading us to
> plutocracy, a country in which those with the greatest wealth have
> a much better chance to influence elections and public policy than
> the rest of us./
>
> /Despite that bleak assessment, there’s asmall window
> <http://www.amazon.com/Plutocrats-United-Campaign-Distortion-Elections/dp/0300212453/>for
> change opening./
>
> Share
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D79426&title=%26%238220%3BLoosening%20money%E2%80%99s%20grip%20on%20elections%3A%20How%20to%20change%20the%20billionaire-dominated%20campaign%20finance%20landscape%2C%2040%20years%20after%20Buckley%20vs.%20Valeo%26%238221%3B&description=>
>
> Posted incampaign finance <http://electionlawblog.org/?cat=10>,Supreme
> Court <http://electionlawblog.org/?cat=29>
>
> --
> 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>
> hhttp://www.law.uci.edu/faculty/full-time/hasen/
> http://electionlawblog.org
> ------------------------------------------------------------------------
>
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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
hhttp://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org
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