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Friday, January 17, 2014

Citizens United exception permits state regulation of 'outside influence' in domestic politics

In Outside Influence, Professor Anthony Johnstone argues that states could curtail "outside influence" in state and local politics without violating "the otherwise universal speaker-neutrality rule of Citizens United" under protection of "the structural constitutional principles of political community." Here's the abstract:

By what rights do outsiders influence state or local politics? "Outsiders" include an array of persons other than the citizens of the community, including non-resident individuals, corporations, and various other organizations that channel the influence of those outsiders into a state or local political process. "State or local politics" include all politics, including elections held by states for federal officials. The question recurs in voting, petitioning, campaign finance regulation, and lobbying, as well as other areas related to political activity such as corporate governance. Relatively recent developments have accelerated the nationalization of American politics. These nationalizing forces, including the strengthening of non-party national political interest groups by federal legislation and judicial decisions, and national efforts to counter those groups' interests, pose the question more urgently now. 

This article considers how much outside influence matters to the constitutional analysis of state politics. It defends the principle applied in Bluman v. FEC as an exception to the otherwise universal speaker-neutrality rule of Citizens United, applicable at the state as well as the national level, and to out-of-state as well as foreign outside interests. It does so by drawing parallels between legal efforts to police national and state boundaries in politics, and assessing the competing rights claims of outsiders to cross those boundaries and participate fully in domestic politics. The article suggests that the structural constitutional principle of political community supports certain state regulations, but not prohibitions, of outside influence across a range of political activities.

http://lawprofessors.typepad.com/civil_rights/2014/01/in-outside-influence-professor-anthony-johnstone-argues-by-what-rights-do-outsiders-influence-state-or-local-politics-ou.html

Election Law, First Amendment, Freedom of Speech | Permalink

Comments

I think that in states which have capital punishment, that corporate entities should be subject to the death penalty (i.e. killing) the same as people are. So, if Smith Klein puts out a drug which they know will be harmful to humans then that corporation can be executed, and the assets sold, the proceeds seized by the state and the executives be executed. Tit for tat. Chief Justice Roberts needs to go all the way. Corporations are like people. I agree with him.

Posted by: Liberty1st | Jan 19, 2014 9:29:38 AM

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