BNA Article on PPLI/CCP Amicus Brief Asking Supreme Court to Review Fourth Circuit’s “Welcome Restraint” of Campaign Speech

BNA Article on PPLI/CCP Amicus Brief Asking Supreme Court to Review Fourth Circuit’s “Welcome Restraint” of Campaign Speech

Kenneth Doyle of BNA’s Daily Report for Executives reported on the filing of the PPLI/Center for Competitive Politics Supreme Court brief. In addition to summarizing the brief’s argument that the U.S. Court of Appeals for the Fourth Circuit’s “welcome restraint” of candidate’s campaign speech violates numerous Free Speech precedents, would be counterproductive and is not needed to evaluate the underlying Executive Order, Doyle quotes Rick Hasen, a University of California, Irvine, law professor and publisher of the Election Law Blog, a well-known outlet for views on public policy advocacy views:

Other observers also have suggested that arguments emphasizing First Amendment protections for campaign speech could play a significant role in the travel ban case. Richard Hasen, an election law expert and University of California Irvine law professor, noted in an article posted on his Election Law Blog a dissent by Ninth Circuit Judge Alex Kozinski at an earlier stage of the travel-ban litigation. The dissent offered a possible “lifeline” to Trump by arguing that it would violate the First Amendment to take Trump’s campaign statements “evincing anti-Muslim animus seriously (or literally),” Hasen said.

“It’s an argument that just might attract the [Supreme] Court’s conservatives … and lead them to reject constitutional challenges to the new executive order,” Hasen said.

Full article here.

In addition, and supporting the brief’s argument that reliance on candidate’s campaign statements is not necessary to decide this case, the Ninth Circuit upheld a different challenge to an injunction against the Executive Order without looking at the Establishment Clause or campaign statements.

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