Subject: Re: [EL] WaPo op-ed on transparency
From: Joseph Birkenstock
Date: 4/1/2011, 1:14 PM
To: "jon.roland@constitution.org" <jon.roland@constitution.org>, "election-law@mailman.lls.edu" <election-law@mailman.lls.edu>

To clarify: I don’t think the advertising itself is an undue influence on voters; I think the payment for the advertising – especially when a candidate/officeholder knows where it’s coming from and his or her constituents don’t – creates a means of exerting an undue influence over that candidate/officeholder.

 

 

________________________________
Joseph M. Birkenstock, Esq.
Caplin & Drysdale, Chtd.
One Thomas Circle, NW
Washington, DC 20005
(202) 862-7836
www.capdale.com/jbirkenstock
*also admitted to practice in CA

 

 

 

From: election-law-bounces@mailman.lls.edu [mailto:election-law-bounces@mailman.lls.edu] On Behalf Of Jon Roland
Sent: Friday, April 01, 2011 4:08 PM
To: election-law@mailman.lls.edu
Subject: Re: [EL] WaPo op-ed on transparency

 

On 04/01/2011 02:46 PM, Joseph Birkenstock wrote:

does it necessarily follow that advertising has no value at all, or none worth considering as a potential means of exerting undue influence on the candidate or officeholder in question?

The key word is "undue", which is only properly used to mean the application of threats or promises to the individual voter to influence his vote. In that sense mere propaganda is not "undue". However, false promises by candidates that the voters can get benefits without having to pay for them certainly qualifies as a kind of fraud. But the burden for fraud is that people not fall for it.


-- Jon
 
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