Showing posts with label Citizens United. Show all posts
Showing posts with label Citizens United. Show all posts

Tuesday, May 27, 2014

The Drunkard's Search for Money in Politics


Late at night, a good Samaritan happens upon an intoxicated man crawling under a streetlight, studying the ground.  The drunkard says that he is looking for his keys, and our helpful bystander joins the search.  After a few minutes, the helper asks, “Are you sure this is where you dropped them?” “No,” says the drunk, “I probably dropped them by the bar down the road. But the light’s much better here.”

The phenomenon of the drunkard’s search, often attributed to Abraham Kaplan, afflicts much empirical inquiry.  Researchers seeking quantitative rigor too often head for the available data, fire up STATA, and only as an afterthought offer a few generic caveats about the limitations of the data for the topic at hand.  

Campaign finance analysis is not immune from this problem. In reading some recent studies over the weekend, I noticed a few recurring lapses.

Consider the evaluation of electoral spending by entities other than candidates and parties: “outside” spending, for short. Frequently, studies look to data from the Federal Election Commission (and equivalent state sources) to track the rise of independent expenditures since blockbuster Supreme Court cases like Citizens United, which allowed corporations (and, by logical extension, other non-affiliated groups) to engage in such activity without limits.  

Thursday, June 21, 2012

Citizens United gives free speech a high price

By Associate Clinical Professor Jessica Levinson

This op-ed originally appeared on Politico.

As election 2012 progresses, there's continuing hubbub about the Supreme Court's 2010 Citizens United decision, which paved the way for super PACs. Proponents of campaign-finance laws see the ruling as opening the floodgates for unlimited, often undisclosed, money to overwhelm our political system. Opponents view it as a victory of free speech over government regulation.

Where does the truth lie? While super PACs may be "speaking" up a storm, it's now difficult to hear anyone else. That can't be good in a representative democracy, which has long prided itself on protecting free speech.

A quick tour through the campaign-finance law landscape demonstrates there is much to be concerned about -- unless you're a wealthy donor or well-funded corporation.

Read the complete story here.

Monday, May 21, 2012

We the Corporations?

By Associate Clinical Professor Jessica Levinson's latest law review article, "We the Corporations?: The Constitutionality of Limitations on Corporate Electoral Speech After Citizens United," was cited in an amicus brief filed with the Supreme Court in American Tradition Partnership v. Bullock.

The issue in the case is whether Montana must follow the Court's holding in Citizens United, which struck down a federal ban on corporate electioneering communications.

Read the law review article here.