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  • New Study Shows Campaign Disclosure Rules Violate First Amendment0

    • March 3, 2015

    This article was first published at the American Thinker website. Many commentators and politicians have attacked the Supreme Court’s 2010 case of Citizens United v. Federal Election Commission for holding that citizens do not surrender their First Amendment rights when they organize under state corporation law. The Vermont state legislature has even adopted an application

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  • Get Members of Congress Out of the Business of Rigging Campaign Rules0

    • May 4, 2014

    The Supreme Court’s latest campaign finance decision, McCutcheon v. FEC, has sent up the predictable howls. In McCutcheon, the Court struck down, as violating the First Amendment, certain incumbent-protection rules that Members of Congress had rigged for their own election campaigns. But no one—including the Court—has yet convincingly addressed a question even more fundamental than

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  • Rebutting the Claim that an “Anti-Corruption” Principle Should Re-Write the First Amendment0

    • October 27, 2013

    Law professors are overwhelmingly left-of-center, and they spend an undue amount of time trying to justify nearly unlimited federal power. Sometimes they torture constitutional history to do so. For example, several have long asserted that the Constitution’s grant of power to Congress to regulate “Commerce” was designed to grant  authority to regulate the entire economy—or

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