McCain/Feingold

[Marty Lederman]

Well, yes, for the most part it's a reaffirmation of Buckley (particularly as that case as been applied in, e.g., Shrink Missouri and Beaumont).  If your course involves any discussion of the constitutional role of political parties, the title I discussion is (along with Colorado Republican II) relevant to that, as well.  

In a broader constitutional context, however, two other things are potentially more important.  The first is the reaffirmation of Austin, and the extension of that precedent to labor unions.  If extended to any area outside of campaign-related speech (e.g., commercial speech; Nike; workplace speech; lobbying, etc.), Austin and McConnell could have the potential to fairly significantly affect doctrine involving corporate and union free speech rights.

The second is McConnell's almost-unanimous approval of disclosure requirements, and (especially) the Breyer-penned opinion upholding section 504 (involving FCC disclosures).  To the extent your course discusses issues related to "the right to anonymous speech" (e.g., McIntyre, Watchtower), or differing First Amendment standards in the broadcast context (e.g., Red Lion), McConnell is very relevant.
  ----- Original Message ----- 
  From: Mark Graber 
  To: Conlawprof at lists.ucla.edu 
  Sent: Tuesday, April 13, 2004 9:05 AM
  Subject: Re: McCain/Feingold


  I would also be grateful for an online edited edition (as, I suspect, would many others).  My sense of the universe is that the basic scheme of Buckley remains intact, so while long, McConnell is best understood as a second/third generation opinion, than a seminal case.

  Mark A. Graber


  >>> Scott Gerber <s-gerber at onu.edu> 04/13/04 09:04AM >>>
  I teach the campain finance material at the end of my Con Law 2 course.
  Sadly, I only can allot one 75 minute session to it.  I would be grateful
  if the list could direct me to an on-line edited version of the
  McCain/Feingold opinion.  I also would appreciate knowing if teachers
  assign only that case now, or if they continue to assign one or two of the
  others. Again, the course I teach is an overview course on Civil Rights and
  Civil Liberties, rather than a freestanding Free Speech course.

  Thank you very much.
  Scott
  **********
  Scott Gerber
  Law College
  Ohio Northern University
  Ada, OH 45810
  419-772-2219
  http://www.law.onu.edu/faculty/gerber/
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