And there's controversy
over Brad Smth's possible appointment as dean of Case Western.
I
call on the front group caseagainstsmith.com to publicly release its list of
donors and immediately file with the Dean Selection
Commission.
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
April 05, 2011
"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."
"More FEC Terms Expire, but Replacements
Unlikely"
Roll Call offers this
report.
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.
Is It a Legislative District or a Rorschach Ink
Blot?
You decide.
"Lawmakers End Same Day Voter
Registration"
News
from Montana.
April 04, 2011
"McComish, the Supreme Court, and the Fiesta Bowl
Scandal"
Doug Kendall blogs.
"Big Money, Union Fight Shape Wisconsin Court
Race"
Politico offers this
report.
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.
"Obama FEC Filing Confirms No Public Funds for
Re-Election"
Roll Call offers this
report.