Subject: Re: [EL] Electionlawblog news and commentary 10/10/10
From: "JBoppjr@aol.com" <JBoppjr@aol.com>
Date: 10/11/2010, 6:13 AM
To: "rick.hasen@lls.edu" <rick.hasen@lls.edu>, "election-law@mailman.lls.edu" <election-law@mailman.lls.edu>

    A government investigation of a group's exercise of their First Amendments activities is itself a burden and chill on those activities and requires a sufficient government interest. See Sweeny.  That is why the FECA requires that a complaint have sufficient verified facts to justify an investigation and the FEC must vote to do it.
 
    No facts and "we don't trust the Chamber without an investigation" does not justify an investigation. And without such facts, it is irresponsible to make this allegation.  It charges a crime and is also defamatory.  Such behavior ought to be condemned, not tolerated with a wink and a nod.  Jim Bopp
 

"It Appears They've Even Taken Secret Foreign Money to Influence Our Elections"

That's the unsubstantiated charge in a new DNC ad, "Stealing Democracy," against the Republicans and the Chamber.

As I told the NY Times, there's no proof that the Chamber has taken a penny of foreign money. But there's no way for us to know whether the Chamber, or anyone else engaged in election-related activity, is improperly using foreign money, unless we allow the FEC or another government agency the ability to audit the records of the political activities of such agencies. (These audits would not be made public unless there was proof of wrongdoing, and groups facing harassment should be exempt from the requirement).

I'll have more to say on the foreign money issue tomorrow in Slate.

Posted by Rick Hasen at 10:00 AM
 
In a message dated 10/10/2010 1:16:19 P.M. Eastern Daylight Time, rick.hasen@lls.edu writes:

October 10, 2010

Final Version of My California Law Review Book Review of Heather Gerken's Democracy Index Now Available

You can find Election Administration Reform and the New Institutionalism at 98 California Law Review 1075 (2010).

Posted by Rick Hasen at 10:08 AM

"Report: Dems planted NJ tea party House candidate"

AP offers this report.

Posted by Rick Hasen at 10:03 AM

"It Appears They've Even Taken Secret Foreign Money to Influence Our Elections"

That's the unsubstantiated charge in a new DNC ad, "Stealing Democracy," against the Republicans and the Chamber.

As I told the NY Times, there's no proof that the Chamber has taken a penny of foreign money. But there's no way for us to know whether the Chamber, or anyone else engaged in election-related activity, is improperly using foreign money, unless we allow the FEC or another government agency the ability to audit the records of the political activities of such agencies. (These audits would not be made public unless there was proof of wrongdoing, and groups facing harassment should be exempt from the requirement).

I'll have more to say on the foreign money issue tomorrow in Slate.

Posted by Rick Hasen at 10:00 AM

Linda Greenhouse on Justice Breyer and Statutory Interpretation

Here.

Posted by Rick Hasen at 09:51 AM
--
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


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