In Defense of ‘Super PACs’ and of the First Amendment
In this article, CCP Academic Advisor and Brooklyn Law School Professor Joel Gora offers a defense of “Super PACs” and of the First Amendment principles that they embody; namely, that in order to make...
View ArticleReconsidering Citizens United as a Press Clause Case
In this article, Stanford Law Professor Michael McConnell argues that the central flaw in the analysis of Citizens United by both the majority and the dissent was to treat it as a free speech case...
View ArticleThe Last Rites of Public Campaign Financing?
In the wake of the Supreme Court’s 5-4 decision in Arizona Free Enterprise v. Bennett, this Nebraska Law Review article by Hofstra University Law School Professor James J. Sample asserts the current...
View ArticlePublius was Not a PAC: Reconciling Anonymous Political Speech, the First...
In this Wyoming Law Review article by Benjamin Barr and Stephen R. Klein, the authors emphasize the importance of anonymous political speech. As they explain, modern campaign finance law has eliminated...
View ArticleAmending the First Amendment: The Udall Proposal is Poorly Drafted,...
The Senate Judiciary Committee will soon hold a hearing on S.J. Res. 19, a constitutional amendment to restrict First Amendment rights proposed by Senator Tom Udall (D-NM) and sponsored by 41 other...
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State False Statement Laws: Should the Government Act as the Truth Police?
State False Statement Laws: Should the Government Act as the Truth Police? By Matt Nese and Brennan Mancil This Issue Review discusses the seventeen states that have adopted constitutionally vulnerable...
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Overwhelmingly Opposed: An Analysis of Public and 955 Organization, Expert,...
Overwhelmingly Opposed An Analysis of Public and 955 Organization, Expert, and Public Official Comments on the IRS’s 501(c)(4) Rulemaking By Matt Nese and Kelsey Drapkin Less than seven months after...
View ArticleThe Udall Amendment: A Briefing Book
Senator Tom Udall’s (NM) S.J. Res. 19 would revoke nearly four decades of campaign finance jurisprudence from the Supreme Court and greatly reduce the quantity (and likely quality) of debate in this...
View ArticleIn Defense of Private Civic Engagement: Why the Assault on “Dark Money”...
In this Heartland Institute Policy Study, author Nick Dranias explains that the right to private civic engagement — the right to participate in politics confidentially as an individual or in...
View ArticleEternal Inconsistency: The Stunning Variability in, and Expedient Motives...
In this study, California election law attorney Allison Hayward analyzes the historical roots of the IRS’s recent scandals, and discusses how: The IRS scandal is just the latest in a series of clashes...
View ArticleThe Victims of “Dark Money” Disclosure: How Government Reporting Requirements...
In this Goldwater Institute Policy Report, author Jon Riches highlights the coordinated attack on private political speech under the banner of “dark money” and its dangerous effect on nonprofit...
View ArticleAre Corporations People?
This National Affairs essay by Carson Holloway examines the vocal claims by some that “corporations are not people.” As Holloway explains, progressives, ranging from ordinary protestors all the way to...
View ArticleCompulsory Donor Disclosure: When Government Monitors Its Citizens
In this Heritage Foundation Legal Memorandum by CCP Chairman Bradley A. Smith, Research Fellow Scott Blackburn, and Policy Analyst Luke Wachob, the authors explain how political speech in America is...
View ArticleSusan B. Anthony List v. Driehaus and the (Bleak) Future of Statutes that Ban...
In this University of Pennsylvania Law Review article, author Margaret H. Zhang assesses the constitutionality of state false statement law statutes in the wake of recent court decisions. As Zhang...
View ArticleNeutral Principles and Some Campaign Finance Problems
In this William and Mary Law Review article by John O. McGinnis, the author discusses both positive and normative objectives in regards to regulating matters of campaign finance. As a positive matter,...
View ArticleThe Academy, Campaign Finance, and Free Speech Under Fire
In this short essay, Center for Competitive Politics Chairman and Co-Founder and Capital University Law School Professor Bradley A. Smith argues that academic efforts to fit campaign finance...
View ArticleSelf-Styled Campaign Finance “Reformers” Jump the Shark
Self-Styled Campaign Finance “Reformers” Jump the Shark Ten Stunts, Antics, and Exploits That Show Many Anti-Free Speech Activists Have Lost It By Luke Wachob Introduction What do activists do when the...
View ArticleFree Speech Matters: The Roberts Court and the First Amendment
In this article, Brooklyn Law School Professor Joel M. Gora, a CCP Academic Advisor, examines the impact of the Roberts Court on First Amendment rights after ten years, particularly with regards to...
View ArticleFreedom of Speech and Equality: Do We Have to Choose?
In this essay, Nadine Strossen, the John Marshall Harlan II Professor of Law at New York Law School and former president of the ACLU, argues that the principles of freedom of speech and equality are...
View ArticleFree Speech Under Fire: The Future of the First Amendment
In a set of remarks preceded by Brooklyn Law School President and Joseph Crea Dean Nicholas W. Allard, famed First Amendment lawyer Floyd Abrams muses on the recent and founding history of First...
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