Citizens United

News & Analysis as of

SB 1272 (NKA Proposition 49) – The Secretary of State

Last week, I wrote that Governor Brown had allowed SB 1272 to become law without his signature. To say that SB 1272 became law is an hyperbole because, as Governor Brown observed, the bill “has no legal effect whatsoever”. ...more

Californians To Vote On Stripping Common Cause Of Its First Amendment Rights

I recently wrote about SB 1272 (Lieu) which calls a special election for this November 4 at which California voters will be able to cast an advisory vote on whether the U.S. Constitution should be amended to overturn the U.S....more

Vermont Right to Life, Inc. v. Sorrell: Independence Required

Since the Supreme Court found in Citizens United that “the absence of prearrangement and coordination . . .alleviates the danger that expenditures will be given as a quid pro quo for improper commitments from the candidate” –...more

Californians May Vote This November On Whether To Overturn Citizens United

Although state law does not explicitly authorize advisory elections, the California legislature is poised to pass a bill calling a special election for this November for an advisory vote. SB 1272 (Lieu) would submit the...more

The Law of Unintended Consequences?

Shortly after the indictment of Rod Blagojevich, Illinois legislators passed a number of campaign finance reform measures, including contribution limits for the first time in the state’s history and limits on independent...more

New Non-profit Donor Disclosure Takes Effect July 1, 2014 for California Elections

On May 14, 2014, Governor Jerry Brown signed Senate Bill 27 (S.B. 27), increasing the disclosure requirements that non-profit "multipurpose" organizations are subject to when engaging in California elections. This legislative...more

The Next Domino – New York Finally Knocks Down Limits to SuperPACs

Last week, Judge Paul Crotty of the Southern District of New York ruled that New York Election Laws §§ 14-114(8) and 14-126, which impose limits on the amount of money that may be contributed to political candidates, are...more

Supreme Court’s Campaign Contribution Decision To Have Substantial Impact

Pundits have alternatively saluted and denounced the U.S. Supreme Court’s decision last week striking down aggregate campaign contribution limits as unconstitutional. Few, however, have addressed the decision’s impact on...more

A Setback for Mandated Political Spending Disclosure

One of the hottest SEC rulemaking topics over the past two years—disclosure of corporate political spending—quietly took a significant hit a few weeks ago when the SEC removed it from its rulemaking agenda. The clamor for...more

Chip Babcock Speaks: Citizens United? Maybe Not.

The United States Supreme Court decision in Citizens United v. Federal Election Commission was a wonderful First Amendment decision despite persistent criticism. It involved a movie about Hillary Clinton which the corporate...more

Corporations Can’t Be Harassed

According to the U.S. Supreme Court, corporations have First Amendment rights, at least to the extent that they can make monetary contributions to political candidates.* However, the Tenth Circuit Court of Appeals recently...more

Are Political Contributions Ultra Vires?

It’s been three years, but the Supreme Court’s decision in Citizens United v. Federal Election Comm’n, 558 US 50 (2010) continues to foment a fierce debate about corporate political spending. In February, Representative Adam...more

DC Circuit Reversed Van Hollen. Players Changed Tactics to Avoid Disclosure. Did It Matter in 2012? by Claudia A. Hrvatin

On September 18, 2012, in Van Hollen v. Federal Election Commission, the U.S. Court of Appeals for the District of Columbia Circuit reversed a March 30th ruling of the United States District Court for the District of Columbia...more

What’s in Store in Congress on Campaign Finance Reform? by Lauren M. Donoghue

As mentioned in the previous article, having just gone through the most expensive election in U.S. history, $6 billion spent, what action can we expect Congress to take on this issue in the coming session? According to an...more

Can Feds Force Companies to Disclose Political Spending?  [Video]

Jan. 31 (Bloomberg Law) -- The SEC is considering a proposal by Robert Jackson, associate professor at Columbia Law School, that public companies be required to disclose their political spending. SEC staff members have said...more

SCOTUS Refuses to Backtrack on Controversial Citizens United Decision By Thomas J. Spulak and Claudia A. Hrvatin

In a much anticipated ruling, the Supreme Court of the United States reversed a Montana Supreme Court ruling that said that a 100-year old law barring corporate independent expenditures in the state was justified by the...more

SCOTUS Stands By Citizens United Decision In Montana Campaign Finance Case [Video]

June 28 (Bloomberg Law) -- Adam Skaggs, senior counsel at the Brennan Center for Justice at New York University School of Law, talks with Bloomberg Law's Lee Pacchia about the US Supreme Court's ruling in American Tradition...more

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