[EL] Breaking: SCOTUS Won’ t Hear Delaware Campaign Disclosure Case, as Justice Thomas Dissents

[Smith, Brad]

Alito also dissented, without opinion. 

I would very much like to know, from those who think the Court of Appeals was correct, what speech mentioning a politician might not be constitutionally subject to blanket disclosure demands. Can the state compel disclosure of all contributions aggregating over $50 over a 4 year period to every (c)(3) that mentions a politician? (That's what this case seems to hold). Could it constitutionally mandate information on all subscribers to a journal? Of all advertisers? Would Delaware's law be unconstitutional if  the threshold for disclosure were $5? 

What is the line here on "reasonable" regulation? Or is there none? Is there no right to privacy of association if one joins or contributes to any group that, with or without your advance knowledge, occasionally mentions a candidate? 

I'm often challenged about where I would draw the line, and I've been pretty clear in response (the Buckley line of contributions and expenditures). I wonder if those who think the Court of Appeals got this one right have any line they would draw. Is Thomas correct that "By refusing to review the constitutionality of the Delaware law, the Court sends a strong message that “exacting scrutiny” means no scrutiny at all." Do those who think this case was rightly decided have any line they would draw, outside of specific threats of violence or harassment?

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
http://law.capital.edu/faculty/bios/bsmith.aspx

________________________________________
From: law-election-bounces at department-lists.uci.edu [law-election-bounces at department-lists.uci.edu] on behalf of Rick Hasen [rhasen at law.uci.edu]
Sent: Tuesday, June 28, 2016 9:52 AM
To: Election Law Listserv
Subject: [EL] Breaking: SCOTUS Won’ t Hear Delaware Campaign Disclosure Case, as Justice Thomas Dissents

http://electionlawblog.org/?p=83898


Rick Hasen

Sent from my iPhone. Please excuse typos.
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