February 4, 2010, The Federalist Society's Free Speech and Election Law Practice Group and The Heritage Foundation's Center for Legal and Judicial Studies
Date: Thursday, February 4, 2010
Time: 11:30 AM - 1:00 PM
Location: The Heritage Foundation's Lehrman Auditorium
Description: Joseph Birkenstock, member of Caplin & Drysdale and former Chief Counsel of the Democratic National Committee, will be part of a panel to discuss
Citizens United v. FEC. On January 21, the Supreme Court issued a major decision on campaign finance law in
Citizens United v. FEC, a case involving a 2008 documentary critical of presidential candidate Hillary Clinton produced by a nonprofit advocacy organization. In a 5-4 decision, the majority led by Justice Kennedy struck a decisive blow against the McCain-Feingold law when it overturned the federal ban on independent political expenditures by corporations (and by implication, a similar ban on labor unions). Supporters of the decision such as the Wall Street Journal have hailed it as a "landmark" for "free political speech."
Critics such as the Washington Post have called the decision "dangerous" because it will "undermine the integrity" of our democracy. What will be the short term effects of this decision on the election process in 2010 and what will be the long term effects on the integrity and vibrancy of our democracy? Is this a decision that upholds the First Amendment or was it an unnecessary assertion of judicial activism? A panel of distinguished individuals in the campaign finance arena, including practicing lawyers, former counsels for the DNC and RNC, and former commissioners on the Federal Election Commission will discuss these issues. For more information, click
here.