In the News
Fox: IRS targeting: Part of long-time assault on conservatives
One former FEC chair argues the IRS scandal reflects a long-term assault on FirstAmendment rights, especially those of conservative groups
9WSYR: Professor challenges Town of Manlius codes for political signs
Dr. David Rubin wasn’t happy that his wife was told to remove political signs from their lawn in 2006 because they violated the Manlius town code.“Oh, I’ve got to get a form. I’ve got to fill it out. I’ve got to take it down to the town hall. I’ve got to wait, they are going to go through it,” Rubin explained. “Why should I have to do all this?”Dr. Rubin, a former Dean at the Newhouse School at Syracuse University, still teaches First Amendment law. He cited Ladue v. Gilleo, a 1994 U.S. Supreme Court decision that calls for a “compelling” state interest when regulating political speech.“This sort of speech is the most protected kind of political speech,” Rubin said.
Daily Caller: Professor sues New York town over blatant political speech ban
By Eric Owens“Why do I have to wait until 30 days before the election when we have candidates who aren’t waiting 30 months before the election and they start to run?” Rubin asked. “You should be able to comment on an election from the point at which an election has started, people are declared candidates, people are raising money, people are circulating petitions, people are doing all the things that they do to run for office.”Not everyone in the pleasant, wealthy hamlet is on board with Rubin’s free-speech crusade.“Look, it’s green. It is beautiful. The flowers are out. Why put a sign at somebody’s house?” Manlius resident Thomas Corcoran told WSYR. “I mean, it is a beautiful community and why litter it with all these signs?”
Eagle Bulletin: Former Newhouse Dean suing the town of Manlius over lawn sign restrictions
By Allie WennerIn the fall of 2012, Rubin, a community columnist for the Post-Standard, wrote an article on the subject of lawn sign restrictions in the hope that Manlius officials would take note and change the town’s sign ordinance. He received no response from the town, but was instead contacted by the Center for Competitive Politics in Virginia, a not-for-profit organization dedicated to First Amendment rights, particularly for political speech in the context of elections. Someone from the center reached out to Rubin and said they’d like to represent him in trying to persuade the town to get rid of the statute; Rubin agreed.“I sent them a letter at the end of March basically saying, ‘Here’s our reasoning on why this is unconstitutional, if you would please respond by May 1,” said Allen Dickerson, the legal director at the Center for Competitive Politics.” “Otherwise, we’ll have to go to court.”
Albany Times-Union: Free-speech limit offers $5 a day penalty
By Chris ChurchillIn response, some communities have attempted to ban them outright, but courts have scorned such bans. Towns and cities can, however, restrict the duration and location of signs, although such limits remain controversial.In fact, a resident of Manlius, near Syracuse, has just joined with the Center for Competitive Politics, a Washington free-speech group, to sue the town for requiring permits for political signs, among other restrictions.
Disclosure
Des Moine Register: Iowa ethics board will investigate National Organization for Marriage
By Jennifer JacobsA national organization that opposes same-sex marriage may have violated state law by not disclosing its donors in its fight to oust Iowa Supreme Court justices, ethics officials said today.The Iowa Ethics & Campaign Disclosure Board voted unanimously to investigate the National Organization for Marriage, saying that if the allegations against it are proven true, the marriage group’s actions would violate state law.
Candidates, Politicians, Campaigns, and Parties
Political Law Briefing: Crossed Lines: Email Exposes Perils for Congressional Offices, Campaign Staff, and Advocacy Groups
A leaked email written by a senior Congressional aide became fodder for the politics section of the Washington Post last week, painting a picture of secret industry collusion with candidate campaigns on independent expenditures. The aide’s email, reportedly written to several of his boss’s campaign officials, explained that a prominent industry trade association was committed to an independent expenditure in support of the candidate, and wanted to be put in touch with the campaign.The official reaction from both the trade association and the candidate’s campaign was that the aide was misinformed. According to the association, there was no such offer or commitment, although it had engaged in preliminary discussions about hosting an industry-sponsored PAC fundraiser for the candidate. The campaign explained that the aide “made inaccurate assumptions” about the type of assistance the industry group could provide the campaign, and that no communications took place between the campaign and the association that would constitute coordination in violation of the federal campaign finance laws governing independent expenditures.
Roll Call: Hanabusa Aide Resigns After FEC Complaint of Email About PhRMA
By Kent CooperA top aide to Rep. Colleen Hanabusa, D-Hawaii, resigned Wednesday to avoid being a distraction in the congresswoman’s primary campaign against Sen. Brian Schatz, D-Hawaii.Chris Raymond, former deputy chief of staff to Hanabusa, had emailed other staff members that the Pharmaceutical Research and Manufacturers of America “has committed to pulling together an independent expenditure on CH’s behalf,” according to a copy of the email obtained by the Washington Post. This type of coordination is not permitted between those doing independent expenditures and the candidate.
