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Election Law

Former United States Attorney General Meese on Voter ID Laws - Podcast

Civil Rights and Free Speech & Election Law Practice Groups Podcast
Edwin Meese III January 30, 2015

Numerous states have passed voter identification laws, and the Supreme Court has permitted them to remain in effect. Nonetheless, voter ID remains a highly controversial issue. Former United States Attorney General Edwin Meese III discussed voter fraud and the importance of voter ID laws and answered audience questions on a live Teleforum conference call.

  • Hon. Edwin Meese III, Ronald Reagan Distinguished Fellow Emeritus, The Heritage Foundation

The Criminalization of Politics - Event Audio/Video

Criminal Law & Procedure Practice Group
Todd P. Graves, Edward T. Kang, John C. Richter, John G. Malcolm December 15, 2014

What actions are political and what actions are criminal? Where should prosecutors and courts draw the lines? How should we decide what actions should be evaluated at the ballot box and what actions should be evaluated in a court of law? This panel will discuss the recent use of criminal law to pursue public officials and political activity. A presentation of former high level Justice Department attorneys will look to recent prosecutions, such as those of Bob McDonnell and John Edwards, to evaluate whether our criminal law is wading too deeply into political activity. Relying on their expertise, the panelists will address a number of federal crimes, like Honest Services Fraud, used to pursue politicians, and discuss whether it is wise to put politics on trial, or whether the voters should decide.

The Criminal Law & Procedure Practice Group hosted this event on December 11, 2014, at the National Press Club in Washington, DC.

Featuring:

  • Mr. Todd P. Graves, Graves Garrett LLC
  • Mr. Edward T. Kang, Partner, Alston & Bird LLP
  • Mr. John C. Richter, Partner, King & Spalding
  • Moderator: Mr. John G. Malcolm, Chairman, Federalist Society Criminal Law & Procedure Practice Group Executive Committee, and Director and Ed Gilbertson and Sherry Lindberg Gilbertson Senior Legal Fellow, Edwin Meese III Center for Legal and Judicial Studies, The Heritage Foundation

National Press Club
Washington, DC

Susan B. Anthony List v. Driehaus - Post-Argument SCOTUScast

SCOTUScast 4-29-14 featuring John Malcolm
John G. Malcolm April 29, 2014

John MalcolmOn April 22, 2014, the Supreme Court heard oral argument in Susan B. Anthony List v. Driehaus. The question in this case is twofold. First, whether, to challenge a speech-suppressive law, a person whose speech is prohibited must prove that authorities would definitely and successfully prosecute him, as the Sixth Circuit holds, or whether the court should presume that a credible threat of prosecution exists absent the law falling into disuse or a firm commitment by prosecutors not to enforce the law, as seven other Circuits hold. The second question is whether the Sixth Circuit erred by holding, in direct conflict with the Eighth Circuit, that state laws prohibiting “false” political speech are not subject to pre-enforcement First Amendment review as long as the speaker maintains that his speech is true, even if others who enforce the law disagree.

To discuss the case, we have John G. Malcolm, Director, Edwin Meese III Center for Legal and Judicial Studies, The Heritage Foundation.

Is “False” Political Speech Protected? - Susan B. Anthony List v. Driehaus - Podcast

Criminal Law & Procedure and Free Speech & Election Law Practice Groups Podcast
John G. Malcolm April 23, 2014

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On Tuesday, April 22, 2014, the Supreme Court heard oral arguments in Susan B. Anthony List v. Driehaus. The Court will answer the following questions: (1) Whether, to challenge a speech-suppressive law, a party whose speech is arguably proscribed must prove that authorities would certainly and successfully prosecute him, as the Sixth Circuit holds, or should the court presume that a credible threat of prosecution exists absent desuetude or a firm commitment by prosecutors not to enforce the law, as seven other Circuits hold; and (2) whether the Sixth Circuit erred by holding, in direct conflict with the Eighth Circuit, that state laws proscribing “false” political speech are not subject to pre-enforcement First Amendment review so long as the speaker maintains that its speech is true, even if others who enforce the law manifestly disagree. Our expert attended the oral arguments and offered his impressions to a call-in audience.

Featuring:

  • John G. Malcolm, Director and Ed Gilbertson and Sherry Lindberg Gilbertson Senior Legal Fellow, Edwin Meese III Center for Legal and Judicial Studies, The Heritage Foundation

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The First Amendment and Campaign Finance: Assessing the Recently-Decided McCutcheon v. FEC Case - Podcast

Free Speech & Election Law Practice Group Podcast
Bradley A. Smith April 09, 2014

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Stating that “There is no right more basic in our democracy than the right to participate in electing our political leaders,” on April 2, 2014, the U.S. Supreme Court struck down the federal biennial limit on contributions to non-candidate committees. News coverage of the decision explains that it effects only a small handful of donors, but characterizes it as important nevertheless. How sweeping is the decision, and how important might it prove to be in coming elections? Is the Court now positioned to continue to favor the First Amendment over the Bipartisan Campaign Reform Act?

Featuring:

  • Prof. Bradley A. Smith, 2013-14 Judge John T. Copenhaver Visiting Endowed Chair of Law, West Virginia University College of Law and Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law, Capital University Law School and former Chairman, Federal Election Commission

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