There is an article in this morning's Star-Ledger about the owner of a weekly newspaper in rural New Jersey who is a candidate for town council. He uses his newspaper to promote the candidacy of himself and his running mate and excludes any statements, etc. from his opponents. Presumably, the newspaper is a corporation, and NJ campaign finance law does limit the amount of in kind contributions by a corporation to candidates.
There has been some recent discussion on the list serve about the so-called "Murdoch" exception to campaign finance law and whether that is constitutionally required. I think some have suggested that the press clause of the First Amendment does not give the press any greater speech rights than anyone else. The NJ law does not have a specific exemption for media corporations. Does any one think his media corporation can be prosecuted for making excess corporate contributions to his campaign, or is it protected by the First Amendment press clause?
Prof. Frank Askin
Constitutional Litigation Clinic
Rutgers Law School/Newark
(973) 353-5687