[EL] "Electioneering" question

[Rick Hasen]

The Supreme Court in Citizens United rejected the idea that video on demand was not something broadcast as a “cable . . . communication” that could be reached by at least 50,000 people. I do not think people are getting Hulu via cable television, even though they often have a cable from the cable television company providing internet connectivity which allows them to view Hulu.
If that’s right, then it is not an EC, but an online communication.


From: Law-election <law-election-bounces at department-lists.uci.edu> on behalf of "Kogan, Vladimir" <kogan.18 at osu.edu>
Date: Thursday, November 14, 2019 at 9:15 AM
To: Election Law Listserv <law-election at uci.edu>
Subject: [EL] "Electioneering" question

I have a question about BCRA and “electioneering:” Suppose that a group buys video ads on Hulu (and only on Hulu) shortly before an election, naming a candidate for federal office. Am I right that this would not be covered by the definition of “electioneering” since the ads would not distributed using “radio, television, or satellite” and so would not need to be disclosed/reported?

Thanks in advance!

Vlad Kogan

[The Ohio State University]
Vladimir Kogan, Associate Professor and Director of Undergraduate Studies
Department of Political Science
2004 Derby Hall | 154 N. Oval Mall, Columbus, OH 43210-1373
510/415-4074 Mobile
614/292-9498 Office
614/292-1146
http://u.osu.edu/kogan.18/
kogan.18 at osu.edu<mailto:kogan.18 at osu.edu>
[Twitter icon]@vkoganosu<https://twitter.com/vkoganosu>


-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20191114/ae39e0a8/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 3606 bytes
Desc: image001.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20191114/ae39e0a8/attachment.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.gif
Type: image/gif
Size: 1352 bytes
Desc: image002.gif
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20191114/ae39e0a8/attachment.gif>