"Wisconsin Election is Referendum on Governor"
This
NY Times report begins: "Until a few weeks ago,
this state's election on Tuesday for a justice of the Wisconsin
Supreme Court was widely expected to be dull and predictable."
Posted by Rick Hasen at
07:45
AM
"More FEC Terms Expire, but Replacements
Unlikely"
Roll Call offers this
report.
Posted by Rick Hasen at
07:41
AM
And in Election Law-Related News from Ohio
The Hamilton County judge case may
be heading to the Supreme Court (which, if taken, would
almost certainly lead the Court to explain the meaning of Bush
v. Gore)
The Ohio Chief Justice wants to change
the rules for judicial selection.
ePollbooks
may come to Ohio.
And there's controversy
over Brad Smth's possible appointment as dean of Case Western.
Posted by Rick Hasen at
07:35
AM
"Big Money, Union Fight Shape Wisconsin Court
Race"
Politico offers this
report.
Posted by Rick Hasen at
03:01
PM
Volokh on the History of the First Amendment's
Press Clause
Eugene Volokh has posted "The
Freedom...Of the Press"-- from 1791 to 1868 to Now -- Freedom
for the Press as an Industry, or the Press as a Technology?
on SSRN. Here is the abstract:
Both Justices and scholars have long debated whether the
"freedom ...of the press" was historically understood as
securing special constitutional rights for the institutional
press (newspapers, magazines, and broadcasters). This issue
comes up in many fields: campaign finance law, libel law, the
newsgatherer’s privilege, access to government facilities for
newsgathering purposes, and more. Most recently, last year's
Citizens United v. FEC decision split 5-4 on this very question,
and not just in relation to corporate speech rights.
This article discusses what the "freedom of the press" has
likely meant with regard to this question, during (1) the
decades surrounding the ratification of the First Amendment, (2)
the decades surrounding the ratification of the Fourteenth
Amendment, and (3) the modern First Amendment era. The article
focuses solely on the history, and leaves the First Amendment
theory questions to others. And, with regard to the history, it
offers evidence that the "freedom... of the press" has long been
understood as meaning freedom for all who used the printing
press as technology -- and, by extension, mass communication
technology more broadly -- and has generally not been limited to
those who belonged to the institutional press as an industry.
Posted by Rick Hasen at
01:24
PM
"Obama FEC Filing Confirms No Public Funds for
Re-Election"
Roll Call offers this
report.
Posted by Rick Hasen at
12:36
PM
"Bring Donors Out of the Shadows"
David Callahan has written this
important NYT oped.
Posted by Rick Hasen at
08:49
AM