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Citizens Informed: Broader Disclosure and Disclaimer for Corporate Electoral Advocacy in the Wake of Citizens United


Daniel Winik


Yale University - Law School

October 3, 2010

Yale Law Journal, Vol. 120, p. 550, 2010

Abstract:     
This Note proposes a new direction for the regulation of corporate electoral advocacy in the wake of Citizens United. Rather than examining whether Citizens United was rightly decided, it argues that broad disclosure and disclaimer regulations for corporate electoral speech are both constitutionally sound and normatively superior to outright prohibitions. After surveying state and federal disclosure and disclaimer requirements, the Note proposes a broader scope for such mandates than existing doctrine permits in the context of individual speech. It argues that regulations of corporate-funded electoral speech should be neither strictly limited to express candidate advocacy nor balanced against a right to anonymity.

Number of Pages in PDF File: 45

Keywords: citizens united, corporate electoral speech, corporate political speech

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Date posted: October 3, 2010 ; Last revised: December 26, 2010

Suggested Citation

Winik, Daniel, Citizens Informed: Broader Disclosure and Disclaimer for Corporate Electoral Advocacy in the Wake of Citizens United (October 3, 2010). Yale Law Journal, Vol. 120, p. 550, 2010. Available at SSRN: http://ssrn.com/abstract=1686862

Contact Information

Daniel Winik (Contact Author)
Yale University - Law School ( email )
P.O. Box 208215
New Haven, CT 06520-8215
United States
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