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Election Law @ Moritz

Election Law @ Moritz


Citizens United v. Federal Election Commission

Case Information

Date Filed / Ended: December 13, 2007 / January 21, 2010
State: National
Issue: Campaign Finance
Courts that Heard this Case: U.S. District Court for the District of Columbia (Case 1:07-cv-02240); U.S. Supreme Court (Case 08205)


Do federal campaign finance laws apply to a critical film about a US Senator intended to be shown in theaters and on-demand  cable.  The Supreme Court ordered re-argument to focus on the constitutionality of limiting corporations’ independent spending during campaigns for the Presidency and Congress.


Final Decision entered 1/21/10

Related Links

Supreme Court Documents

District Court Documents

Related EL@M Articles


Edward B. Foley

The Claim that the Media is Rigging the Election--and Citizens United

Edward B. Foley

This post floats a tentative thought, welcoming reaction to it (but isn't that in part what blogging is for? :-) Elsewhere, I've addressed the current claims that the election might be rigged through modern-day equivalents of old-fashioned ballot-box stuffing.  Here, I want to consider the other current claim being made: that the mainstream media is rigging (or attempting to rig) the election, as Trump, Pence, and other supporters of their ticket are claiming. 

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In the News

Edward B. Foley

More troubling than Trump on issue of accepting election results: Americans' feelings on the subject

An excerpt from Professor Edward Foley’s recent article for POLITICO, “What Happens if Trump Keeps Us in Suspense on Election Night” was quoted in MinnPost.

“There’s no question that Trump’s self-centered phrasing— ‘I’ll keep you in suspense’ —is thoroughly inappropriate in a democracy, where the voters are sovereign and candidates are supposed to serve the electorate’s interest,” Foley writes. “And his allegations that the electoral system is pervasively rigged are both entirely divorced from reality and egregiously irresponsible. But would a Trump holdout on election night necessarily be the historical aberration critics are describing? Not exactly.”

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Info & Analysis

Federal Judge Finds Florida Absentee Voting Law Unconstitutional

Over the weekend, U.S. District Judge Mark Walker issued an order finding part of Florida\'s absentee voting law unconstitutional. In granting the plaintiffs\' motion for a preliminary injunction, Judge Walker determined that Florida\'s statutory scheme requiring automatic rejection of absentee ballots with signatures not matching those on file unlawfully disenfranchised voters. The case is Florida Democratic Party v. Detzner.

This case follows another Florida case in which Judge Walker ordered the state to extend the voter registration deadline by a week in the aftermath of Hurricane Matthew. That case is Florida Democratic Party v. Scott.

more info & analysis...