Friday, August 28, 2009
Musing on Citizens United.
One of the issues below in Citizens United was that it objected to being compelled to put a disclaimer on ads for its movie about H.R.Clinton.
It lost below, and this issue was not part of the cert grant.
Word on the street is that it is likely that Citizens will win at the Supreme Court,
whether in a major or minor way. If so, does that vacate the prior lower court ruling, so that Citizens can reopen the disclaimer issue in continued litigation?
I don't really understand how the procedural issues work out here.
Also, if they continue the case, it'll be interesting to see who will be their lawyer.
I'm not sure Ted Olsen will stick around after the Supreme Court part of the case.
One of the issues below in Citizens United was that it objected to being compelled to put a disclaimer on ads for its movie about H.R.Clinton.
It lost below, and this issue was not part of the cert grant.
Word on the street is that it is likely that Citizens will win at the Supreme Court,
whether in a major or minor way. If so, does that vacate the prior lower court ruling, so that Citizens can reopen the disclaimer issue in continued litigation?
I don't really understand how the procedural issues work out here.
Also, if they continue the case, it'll be interesting to see who will be their lawyer.
I'm not sure Ted Olsen will stick around after the Supreme Court part of the case.
Bllot access news reports a victory in connecticutt, striking down a public financing scheme that discrriminated against minor parties.
http://www.ctnewsjunkie.com/upload/2009/08/federal_judge_nixes_public_cam/citizenselection.pdf
http://www.ctnewsjunkie.com/upload/2009/08/federal_judge_nixes_public_cam/citizenselection.pdf
Wednesday, August 26, 2009
Disclosure kills department.
Complicated story about an FEC investigation of an anonymous flier.
One suspect kills himself, 3 others try to blame it on the dead guy,
they go to jail, special election to fill heir seats in the missouri legislature.
Russ Carnahan won the special election for Gebhart's seat and filed the FEC complaint.
Coordination was proved, but it was lying to the feds that resulted in jail time.
http://www.stltoday.com/stltoday/news/stories.nsf/politics/story/399AF8F4A33F43BF8625761E00130796?OpenDocument
http://www.kansascity.com/news/politics/story/1407572.html
Complicated story about an FEC investigation of an anonymous flier.
One suspect kills himself, 3 others try to blame it on the dead guy,
they go to jail, special election to fill heir seats in the missouri legislature.
Russ Carnahan won the special election for Gebhart's seat and filed the FEC complaint.
Coordination was proved, but it was lying to the feds that resulted in jail time.
http://www.stltoday.com/stltoday/news/stories.nsf/politics/story/399AF8F4A33F43BF8625761E00130796?OpenDocument
http://www.kansascity.com/news/politics/story/1407572.html
Friday, August 21, 2009
Martin Shaffer's sister was arrested on $5000 bond July 30th, I've learned.
She was charged with conspiracy to petition the government for redress of grievances.
WDTV News
Story Created: Jul 30, 2009 at 11:38 AM EDT
Story Updated: Jul 30, 2009 at 5:36 PM EDT
A Clarksburg city councilman's sister is arrested for her role in last month's newsletter scandal.
Martin Shaffer's sister, Michelle Waugaman, turned herself in Wednesday.
Shaffer was arrested last month, just a day before the city election.
Both are charged with "circulation of anonymous written matter" and one count of conspiracy.
The pair and John Peterson are accused of distributing an anonymous newsletter criticizing Clarksburg city officials.
Waugaman is free after posting her $5,000 bond. Peterson is believed to still be in his home state of Arizona.
video
She was charged with conspiracy to petition the government for redress of grievances.
WDTV News
Story Created: Jul 30, 2009 at 11:38 AM EDT
Story Updated: Jul 30, 2009 at 5:36 PM EDT
A Clarksburg city councilman's sister is arrested for her role in last month's newsletter scandal.
Martin Shaffer's sister, Michelle Waugaman, turned herself in Wednesday.
Shaffer was arrested last month, just a day before the city election.
Both are charged with "circulation of anonymous written matter" and one count of conspiracy.
The pair and John Peterson are accused of distributing an anonymous newsletter criticizing Clarksburg city officials.
Waugaman is free after posting her $5,000 bond. Peterson is believed to still be in his home state of Arizona.
video
Jim Bopp has a new lawsuit in Vermont.
http://www.jamesmadisoncenter.org/Vermont/VRLCII/Index.html
It's about the usual issues - political committees, electioneering, disclosure,and disclaimers. I'm unhappy with one aspect of it. The relief sought is that the disclaimers be limited to express advocacy, instead of simply struck down. That's what happened in West Virginia. The unconstitutional disclaimer statute was enjoined - but only as to express advocacy. The legislature then passed a narrower, still unconstitutional, disclaimer rule.
What I will do about this: I have a few options.
I'll start with a letter.
Then, if that doesn't work, I could do a motion to intervene, or just an amicus, or could do nothing.
http://www.jamesmadisoncenter.org/Vermont/VRLCII/Index.html
It's about the usual issues - political committees, electioneering, disclosure,and disclaimers. I'm unhappy with one aspect of it. The relief sought is that the disclaimers be limited to express advocacy, instead of simply struck down. That's what happened in West Virginia. The unconstitutional disclaimer statute was enjoined - but only as to express advocacy. The legislature then passed a narrower, still unconstitutional, disclaimer rule.
What I will do about this: I have a few options.
I'll start with a letter.
Then, if that doesn't work, I could do a motion to intervene, or just an amicus, or could do nothing.
Wednesday, August 12, 2009
florida legislation to update google ad disclaimer issue
http://www.jordanraynor.com/2009/08/florida-legislature-to-take-up-google.html
http://www.jordanraynor.com/2009/08/florida-legislature-to-take-up-google.html
Tuesday, August 04, 2009
Today there's a new disclaimer controversy. Hasen links to the wall street journal about a complaint filed about no disclaimers on google ads.
http://online.wsj.com/article/SB124925841924700351.html
An online twist in a hotly contested race for mayor of St. Petersburg, Fla., could signal trouble for local politicians advertising on popular Web sites like Google, Facebook and Twitter.
The Florida Elections Commission has decided a mayoral candidate's ads on Google and Facebook appear to violate the state's election law because they don't include a disclaimer that indicates who bought them.
These are the members of the florida elections commission who are unconstitutionally censoring political speech on the internet.
Jorge L. Cruz-Bustillo, Chair
Miami
Attorney
William H. Hollimon
Tallahassee
Attorney, Pennington, Moore,
Wilkinson, Bell & Dunbar, PA
Alia S. Faraj-Johnson
Tallahassee
Vice President
Ron Sachs Communications
Term Expires: December 31, 2011
Jose Luis Rodriguez
Greenacres / West Palm Beach
Asst. Deputy Executive Director
S. FL Water Management District
Commissioner
(Vacant)
Gregory King
Fort Myers Beach
Retired
Julie B. Kane
Coral Gables
Attorney, Colson, Hicks, Eidson
Beleria F. Floyd
Tampa
Consultant with Verity Marketing
Term Expires: December 31, 2008
Brian M. Seymour
West Palm Beach
Attorney, Gunster, Yoakley &
Stewart, P.A.
http://online.wsj.com/article/SB124925841924700351.html
An online twist in a hotly contested race for mayor of St. Petersburg, Fla., could signal trouble for local politicians advertising on popular Web sites like Google, Facebook and Twitter.
The Florida Elections Commission has decided a mayoral candidate's ads on Google and Facebook appear to violate the state's election law because they don't include a disclaimer that indicates who bought them.
These are the members of the florida elections commission who are unconstitutionally censoring political speech on the internet.
Jorge L. Cruz-Bustillo, Chair
Miami
Attorney
William H. Hollimon
Tallahassee
Attorney, Pennington, Moore,
Wilkinson, Bell & Dunbar, PA
Alia S. Faraj-Johnson
Tallahassee
Vice President
Ron Sachs Communications
Term Expires: December 31, 2011
Jose Luis Rodriguez
Greenacres / West Palm Beach
Asst. Deputy Executive Director
S. FL Water Management District
Commissioner
(Vacant)
Gregory King
Fort Myers Beach
Retired
Julie B. Kane
Coral Gables
Attorney, Colson, Hicks, Eidson
Beleria F. Floyd
Tampa
Consultant with Verity Marketing
Term Expires: December 31, 2008
Brian M. Seymour
West Palm Beach
Attorney, Gunster, Yoakley &
Stewart, P.A.
