| Subject: Re: [EL] Electionlawblog news and commentary 4/5/11 |
| From: Joseph Birkenstock |
| Date: 4/5/2011, 1:25 PM |
| To: Allison Hayward |
| CC: Election Law <election-law@mailman.lls.edu> |
You know me better than that, don’t you? ;-)
From: Allison Hayward
[mailto:allisonhayward@gmail.com]
Sent: Tuesday, April 05, 2011 4:23 PM
To: Joseph Birkenstock
Cc: Election Law
Subject: Re: [EL] Electionlawblog news and commentary 4/5/11
Joe has so much integrity I can hardly stand it.
A.
On Apr 5, 2011, at 4:07 PM, Joseph Birkenstock wrote:
Short aside: I just realized I misread the item which started
this thread, and credited Alex DeMots (through no fault of his) with posting
that link to the list, when in fact Rick had already included that link in his
typically helpful and comprehensive summary of the day’s election law news.
So apologies to Rick if my sloppy reading gave anyone the wrong
impression!!
From: election-law-bounces@mailman.lls.edu [mailto:election-law-bounces@mailman.lls.edu] On Behalf Of Rick Hasen
Sent: Tuesday, April 05,
2011 3:29 PM
To: Jason Rylander
Cc: Election Law
Subject: Re: [EL]
Electionlawblog news and commentary 4/5/11
I have explained
my reasons for favoring disclosure in the campaign finance context in a number
of academic and non-academic articles (here's a recent piece on Slate, http://www.slate.com/id/2271187/).
Roughly, the three interests in the campaign finance context are an
anticorruption interest, an information interest, and an enforcement
interest. I don't think the first and third of those reasons map to the
context of organized opposition to a dean search, though the information
interest surely does. So I might evaluate the credibility of the message
against a dean candidate if I knew it were funded by ideological enemies of the
dean candidate than if I thought the message was funded by a broad section of
faculty and students.
But my main reason for favoring disclosure in this context is the idea that
Justice Scalia so aptly called "civic courage" in his Doe v. Reedconcurrence.
People have every right to oppose a dean candidate. But unless they face
a realistic threat of harassment, they should have the courage to put their
name with their accusations. As Justice Scalia wrote in his McIntyre dissent: "I can imagine no reason why an anonymous leaflet is any
more honorable, as a general matter, than an anonymous phone call or an
anonymous letter. It facilitates wrong by eliminating accountability, which is
ordinarily the very purpose of the anonymity. There are of course exceptions,
and where anonymity is needed to avoid "threats, harassment, or reprisals"
the First
Amendment will require an
exemption from the Ohio law. "
Rick
On 4/5/2011 12:11 PM, Jason Rylander wrote:
I'm interested in hearing why Rick
thinks the organizers of this website should have to disclose their identities
and that of their donors. Since he offered to list the reasons why ...
Jason Rylander
Arlington,
VA
On Tue, Apr 5, 2011 at 1:47 PM,
Sean Parnell <sparnell@campaignfreedom.org>
wrote:
I enjoy
pointing out irony. I find it ironic that people who get hysterical over the
thought of anonymous speech would let this pass.
Sean Parnell
President
Center for
Competitive Politics
124 S. West
Street, #201
Alexandria,
VA 22310
(703) 894-6800 phone
(703) 894-6813 direct
(703) 894-6811 fax
From: Rick Hasen [mailto:rhasen@law.uci.edu]
Sent: Tuesday, April 05,
2011 1:08 PM
To: Sean Parnell
Cc: 'Election Law'
Subject: Re: [EL]
Electionlawblog news and commentary 4/5/11
Then I was
wondering why you pointed out the fact that it was anonymous, if you think
that's unobjectionable. Did you think that those who generally support
disclosure would not do so in this case?
Rick
On 4/5/2011 9:51 AM, Sean Parnell wrote:
No, I’m quite
fine with anonymous speech, political or otherwise, and am a proponent of the
idea that speech should generally be judged on the quality of the argument
rather than the source of funds. And of course, individuals are free to give
whatever credibility they wish to anonymous speech, including zero.
Publius, NAACP v. Alabama, McIntyre, etc - probably no
need for me to further traumatize anybody else with my arguments on this
subject.
Sean Parnell
President
Center for
Competitive Politics
124 S. West
Street, #201
Alexandria,
VA 22310
(703) 894-6800 phone
(703) 894-6813 direct
(703) 894-6811 fax
From: Rick Hasen [mailto:rhasen@law.uci.edu]
Sent: Tuesday, April 05,
2011 12:46 PM
To: Sean Parnell
Cc: 'Election Law'
Subject: Re: [EL]
Electionlawblog news and commentary 4/5/11
Sean,
Do you believe that such donor information should be disclosed? I
certainly do, and I'd be happy to list the reasons why if you like. But
what about the idea that some in CCP have put forward that we should
judge political speech based upon the quality of the arguments and not who is
funding the argument?
Rick
On 4/5/2011 9:03 AM, Sean Parnell wrote:
So, I couldn’t
help but notice that the web site attacking Brad Smith as a potential candidate
for Dean of Case Western’s law school is… anonymous.
Sean Parnell
President
Center for
Competitive Politics
124 S. West
Street, #201
Alexandria,
VA 22310
(703) 894-6800 phone
(703) 894-6813 direct
(703) 894-6811 fax
From: election-law-bounces@mailman.lls.edu [mailto:election-law-bounces@mailman.lls.edu] On Behalf Of Rick Hasen
Sent: Tuesday, April 05,
2011 10:49 AM
To: Election Law
Subject: [EL]
Electionlawblog news and commentary 4/5/11
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
Roll Call offers this report.
Posted by Rick Hasen at 07:41 AM
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
Doug Kendall blogs.
Posted by Rick Hasen at 04:48 PM
Politico offers this
report.
Posted by Rick Hasen at 03:01 PM
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
Roll Call offers this report.
Posted by Rick Hasen at 12:36 PM
David Callahan has written this
important NYT oped.
Posted by Rick Hasen at 08:49 AM
--
Rick Hasen
Visiting Professor
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen@law.uci.edu
William H. Hannon Distinguished Professor of Law
Loyola Law School
http://www.lls.edu/academics/faculty/hasen.html
http://electionlawblog.org
--
Rick Hasen
Visiting Professor
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen@law.uci.edu
William H. Hannon Distinguished Professor of Law
Loyola Law School
http://www.lls.edu/academics/faculty/hasen.html
http://electionlawblog.org
--
Rick Hasen
Visiting Professor
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen@law.uci.edu
William H. Hannon Distinguished Professor of Law
Loyola Law School
http://www.lls.edu/academics/faculty/hasen.html
http://electionlawblog.org
_______________________________________________
election-law mailing list
election-law@mailman.lls.edu
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--
Rick Hasen
Visiting Professor
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen@law.uci.edu
William H. Hannon Distinguished Professor of Law
Loyola Law School
http://www.lls.edu/academics/faculty/hasen.html
http://electionlawblog.org
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