Abstract

http://ssrn.com/abstract=1878727
 
 

Citations (1)



 
 

Footnotes (15)



 


 



Has the Tide Turned in Favor of Disclosure? Revealing Money in Politics after Citizens United and Doe v. Reed


Ciara Torres-Spelliscy


Stetson University - College of Law

July 4, 2011

Georgia State University Law Review, Vol. 27, No. 4, p. 1057, 2011
Stetson University College of Law Research Paper No. 2012-04

Abstract:     
This article will cover a short but tumultuous period in the history of campaign finance disclosure law from 2007 to 2010 to highlight the dramatic 180 degree turn that the law has taken on the issue of the constitutionality of disclosure within the past four years. First, I will explore the hostility that many lower courts were exhibiting in the short window between the Supreme Court’s decision in Wisconsin Right to Life II (WRTL II) in 2007 and the Supreme Court’s decision in Citizens United v. FEC in 2010. Basically these lower courts made the mistake of applying WRTL II to disclosure laws. This mistake was corrected by the Supreme Court in Citizens United and Doe v. Reed in 2010. After Citizens United and Doe, lower courts all over the country have adopted the Supreme Court’s view that disclosure and disclaimers can be constitutionally applied to advertisements that feature candidates for office directly before an election. And lower courts have gone further to endorse disclosure around ballot measure fights as well. In other words, in the nation’s courts the tide has turned in favor of disclosure of the sources of money in politics.

Number of Pages in PDF File: 49

Keywords: Citizens United, Doe v. Reed, disclosure, campaign finance, transparency, money in politics, Wisconsin Right to Life II, WRTL, constitutionality, state law, harassment exception, de minimis exception, NAACP v. Alabama, Karl Rove

Accepted Paper Series


Download This Paper

Date posted: July 6, 2011 ; Last revised: January 12, 2013

Suggested Citation

Torres-Spelliscy, Ciara, Has the Tide Turned in Favor of Disclosure? Revealing Money in Politics after Citizens United and Doe v. Reed (July 4, 2011). Georgia State University Law Review, Vol. 27, No. 4, p. 1057, 2011; Stetson University College of Law Research Paper No. 2012-04. Available at SSRN: http://ssrn.com/abstract=1878727

Contact Information

Ciara Torres-Spelliscy (Contact Author)
Stetson University - College of Law ( email )
1401 61st Street South
Gulfport, FL 33707
United States
Feedback to SSRN


Paper statistics
Abstract Views: 2,166
Downloads: 396
Download Rank: 40,430
Citations:  1
Footnotes:  15

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.500 seconds