Thursday, August 18, 2005

"I really hope they don’t reelect that fool, honestly."
Hasen points to Bob Bauer discussing the FEC discussing Michael Moore.
The FEC concluded, correctly, that the above statement is not unamibiguously express advocacy.
In doing so, they may be applying Richard Briffault's test from (infamous 9th circuit decision -Furgatch)
Interestingly, the phrase dos contain requisite magic words, "reelect that fool!"
It is when the sentence is read and diagrammed and understood, that it takes on an expression of personal opinion rather than being express advocacy. Might get to use that example someday. The express advocacy test lives on post-McConnell.

Meanwhile, today one of my cases was dismissed on failure to prosecute grounds, Williamson v Long. Williamson was fined for late or missing campaign finance reports, although he had not met the statutory threshhold of raising or spending $100.
I was on time to the hearing and argued zealously, but the state's attorney was better prepared and I think the judge was happy to have the case off his docket.

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