Political Campaigns

News & Analysis as of

TCPA Under Scrutiny in Court and by Senate

The Telephone Consumer Protection Act (TCPA) and a 2015 omnibus Declaratory Ruling and Order (2015 Order) interpreting the TCPA issued by the Federal Communications Commission (FCC) have recently faced additional challenges...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Pierce Atwood’s 2016 Summary of New Maine Laws Now Available! We are pleased to share our 2016...more

Misread Signs: U.S. Supreme Court Finds Employer’s Mistaken Belief about Employee Supports Retaliation Claim

Is it still retaliation if your boss fired you for something you didn’t actually do? In Heffernan v. City of Paterson, New Jersey, the U.S. Supreme Court said yes—your boss’s mistake does not get him off the hook for the...more

Supreme Duplicity: The Fight to Fill Justice Scalia’s Seat

Supreme Court Justice Antonin Scalia has long been praised by Republicans as the model of judicial restraint, a proponent of strict adherence to the literal wording of the United States Constitution. Republican Speaker of...more

Demotion Based on Mistaken Belief Deprives Public Employee of Constitutional Rights

U.S. Supreme Court Decision in Case Involving Political Campaigning Accusations - A government agency violated the constitutional rights of an employee who was demoted based on the mistaken belief that he violated the...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. 127th Legislature Adjourned Sine Die on April 29, 2016 The second regular session of the 127th...more

Trump campaign sued for sending spam texts in violation of TCPA

Donald J. Trump for President, Inc., which is the official campaign committee for candidate Donald Trump, was named in a putative class action case on April 25, 2016, for sending unwanted text messages to individuals. The...more

But I Didn’t Mean To! U.S. Supreme Court Says Employer Intentions Govern in First Amendment Retaliation Case

For government employers, disciplining and terminating employees can be especially difficult. Not only does the public employer face the same challenges in complying with the standard alphabet soup of employment laws that...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Maine Legislature Reconvenes Today, May Possibly Adjourn sine die The Maine State Legislature...more

Supreme Court Expands First Amendment Protections For Public Employees

On April 26, 2016, the United States Supreme Court ruled that when a public employer demotes an employee out of a desire to prevent that employee from engaging in First Amendment protected activity, the employee can challenge...more

Supreme Court: Government Employer’s Incorrect Belief About Employee’s Activity Matters in First Amendment Analysis

A government employer can violate an employee’s constitutional rights by acting based on incorrect information that, if true, would violate the U.S. Constitution, even though the employee was not actually exercising his or...more

The Supreme Court – April 2016 #4

The Supreme Court of the United States issued a decision in one case on April 26, 2016: - Heffernan v. City of Paterson, No. 14-1280: Petitioner Jeffrey Heffernan was a police officer in Paterson, New Jersey. Heffernan...more

Supreme Court Decides Heffernan v. City of Paterson

On April 26, 2016, the Supreme Court decided Heffernan v. City of Paterson, No. 14-1280, holding government employees who are demoted because their employer believes they are engaging in constitutionally protected political...more

Perceived Political Expression Protected By First Amendment, Supreme Court Says

In a 6-2 decision, the Supreme Court today held that the First Amendment of the U.S. Constitution protects both actual and perceived political speech and expression by public employees. The unsurprising decision squares with...more

Blogster's Miscellany: Eight Items Just Begging for More Attention, Comment

Ben deRuyter, a Democrat from Brewster announced this past Friday (April 15) he was withdrawing from the race to succeed Cape Cod state senator Dan Wolf because he wants to spend more time with his family. I’m sure his...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Budget, Minimum Wage Bill and Bond Negotiations Continue As Statutory Adjournment Looms - As...more

What is President H.R. Clinton’s Energy Policy?

Even as the number of 2016 presidential candidates in both parties has dwindled, the media -- particularly television news -- has yet to focus on an in-depth discussion of the candidates’ policy proposals. While it was...more

Campaign IP Violations Part 2 – Trump Sued for Copyright Infringement

In December, we blogged about the unauthorized use of copyrighted songs by political campaigns. Well, those campaigns should also double check the images they are using. Donald J. Trump For President, Inc. was sued in federal...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. State Leaders Aim to Help to Save Maine’s Paper Industry - With this week’s announcements of...more

Could OSHA Shut Down a Violent Donald Trump Rally?

An otherwise entertaining and unique election cycle took a violent turn Friday night. Angry protestors stormed a planned Donald Trump rally at a convention center in Chicago, inciting violence amongst attendees with several...more

To Force Government To Be Transparent, Go Directly to the Campaign Trail: Terry Mutchler

The Founding Fathers recognized the power of public records in a democracy. The Declaration of Independence decried government gamesmanship that kept public records away from citizens. Originally published on PennLive...more

Surprise! Minnesota Budget Forecast Delivers Bad News

Just a few days before the beginning of the 2016 legislative session, legislative leaders received some unexpected bad news: A previously healthy $1.2 billion budget surplus projection had dropped by $300 million to $900...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Maine Voters to See Four Referendum Questions This Fall - This fall, Maine citizens will be...more

What happens to Obamacare in 2017?

Like many things, the answer to that question depends on the distribution of power after the November elections. Assuming the House stays in control of the Republicans, not much will change with that part of the...more

Three Point Shot - February 2016

Copyright Suit Alleges Huckabee Campaign Lacks "Eye of the Tiger" - Mike Huckabee's poor performance in the Iowa caucuses – leading to his subsequent withdrawal from the race – isn't his only concern lately....more

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