"Un-American Influence: Could Foreign Spending on Our Elections Really Be Legal?"

I've just written this Jurisprudence commentary for Slate. It begins:

It's nothing new to accuse your political opponents of allowing foreign money to be used in a U.S. election, as President Obama did this week with the U.S. Chamber of Commerce. In 2008, Republicans demanded an audit of the Obama campaign, because federal law did not require the campaign to disclose contributions of less than $200, and Republicans said some of that money could be coming from foreign individuals or governments. Before that, Senate Republicans investigated Bill Clinton over possible Chinese government money influencing the 1996 election.

We owe the recurring controversy to the inadequacy of our campaign-finance disclosure laws, which don't allow for random audits of political committees to make sure the foreign money is kept out or segregated for nonpolitical purposes. And the Supreme Court reignited this issue in its divisive Citizens United opinion last term by specifically leaving open the question whether the ban on foreign spending in U.S. elections violates the First Amendment. As Democrats broadcast their breathless allegations that Republicans and the Chamber of Commerce are taking "secret foreign money to influence" the midterm elections, the real problem is why the logic of Citizens United can't justify a ban.

Read the State of Washington's Response to the Emergency Stay Request in the Family PAC Case

I have posted it at Scribd. My earlier coverage is here. Justice Kennedy may rule on this at any time, or refer it to the Court for a ruling.

Mazzone on Justice Thomas, Virginia Thomas, and CU

Mazzone: "Citizens United might be a bad decision for any number of reasons but it can't be because Justice Thomas's wife is an organizer."

"Shadowy players in a new class war"

E.J. Dionne on the Chamber, the allegations, and CU.

"Soros: I Can't Stop a Republican 'Avalanche'"

NYT's "The Caucus" briefly interviews George Soros.

"Obama Continues Attack on Chamber of Commerce"

WaPo reports.
More here.

"Election Board to Consider Fraud Charges"

Controversy in Titus County, TX.

"American People Hire High-Powered Lobbyist To Push Interests In Congress"

The Onion offers this report (via Lobbyists.info).

-- 
Rick Hasen
William H. Hannon Distinguished Professor of Law
Loyola Law School
919 Albany Street
Los Angeles, CA  90015-1211
(213)736-1466
(213)380-3769 - fax
rick.hasen@lls.edu
http://www.lls.edu/academics/faculty/hasen.html
http://electionlawblog.org