FEC
Early Returns – Law and Politics with Jan Baran (Podcast): Allen Dickerson, the Federal Election Commission, and Moby Dick
The Federal Election Commission is a unique agency. It polices politics but must be sensitive to constitutional limits. It is supposed to have six bipartisan commissioners and requires four votes for action, but sometimes it deadlocks 3-3. For almost two years it was shorthanded even the necessary four votes until December of 2021 when the Senate confirmed three new members. Allen Dickerson was one of those three new commissioners, and now he is Chair for the 2022 election year. Learn more about Chair Dickerson’s journey to the FEC and what it is like working there during a COVID lockdown. He is open about difficulties in regulating political campaigns, how the agency operates remotely, and some of the legal issues the FEC is facing as well as what might lie ahead. He also tells us what prompted him to re-read the old classic, Moby Dick.
For more biographical information on Allen Dickerson, please visit here.
Donor Exposure
Midland Today: EDCNS board member donated to ‘Freedom Convoy’
By Derek Howard
The release of donors to the controversial truck convoy protests indicates about two dozen North Simcoe residents donated to the cause.
Included in the list obtained by MidlandToday are ShopCity entrepreneur Colin Pape, who donated $25 with the note ‘Go truckers, go!’ and Adrian Sauvageot, one of six community representatives on the Economic Development Corporation of North Simcoe (EDCNS) board of directors, volunteering since May of 2020 for the role…
On February 5, Sauvageot donated $32 to Freedom Convoy 2022 through the GiveSendGo crowdfunding platform website…
During the pandemic lockdowns of April 2021, Sauvageot advertised a Penetanguishene rental property on Airbnb, asking visitors on his Facebook page: “Are you looking for a weekend getaway where you can discover what it’s like to live in a communist country?”
As recently as December 21 of last year, Sauvageot’s social media included a Facebook post stating, “This new round of lockdowns will be the final nail in the coffin for many businesses, both small and large. RIP Canadian Business…” A post made a day earlier stated, “Justin Trudeau is a criminal who should be charged for his crimes against Canada.”…
MidlandToday contacted EDCNS director Sharon Vegh and Pape for comment, but didn’t receive a response in time for publication.
Newsweek: U.S. Government Workers Reportedly Among Those Donating to ‘Freedom Convoy’
By Erin Brady
An investigation by Canadian newspaper, The Globe and Mail, claims that some American contributors to the convoy’s funds are government workers…
One of these was Rachel Shub, who worked as a career trade negotiator for the United States Trade Representative…Shub declined to comment to The Globe and Mail about the donation.
Newsweek has reached out to the United States Trade Representative office for comment on Shub’s donation and subsequent departure but has not received a response.
Another worker whose records were identifiable in the newspaper’s data was Delaware state employee Rich Paprcka. According to The Globe and Mail, he serves as the chief operating officer of Dart First State, the public transportation agency of Delaware. While he did not respond to comment, the Delaware government did provide a statement to the newspaper.
“The department is aware of this report containing Mr. Paprcka’s information and is addressing it internally,” Delaware state spokesman C.R. McLeod told The Globe and Mail in an email.
Online Speech Platforms
Reason (Volokh Conspiracy): Prof. Ashutosh Bhaghwat vs. Me on Whether Social Media Platforms Should Be Treated Like Common Carriers
By Eugene Volokh
The Catholic University of America Columbus School of Law hosted this debate last week as the inaugural event in their new Seigenthaler Debates series, cosponsored with The Free State Foundation and Catholic Law’s chapters of the American Constitution Society, the Federalist Society, and the Law and Technology Student Association; Ninth Circuit Judge Lawrence VanDyke was kind enough to agree to moderate it. I much enjoyed it—it’s always a pleasure to be on a panel with Prof. Bhaghwat—and I hope you do too!
The States
WTVQ: Bipartisan anti-SLAPP bill unanimously advances off House floor
By Steve Rogers
The Kentucky House of Representatives approved a bipartisan measure to protect freedom of speech on Friday.
House Bill 222, or the Uniform Public Expression Protection Act, would offer those who speak out against a matter of public interest protection from strategic lawsuits against public participation or SLAPP.
The primary co-sponsors of HB 222 are Rep. Nima Kulkarni, D-Louisville, and Rep. Jason Nemes, R-Louisville. Kulkarni has been working on the bill since 2019.
Kulkarni said HB 222 specifically “creates a procedure, a special motion to dismiss, by which a judge may dismiss certain civil lawsuits that are used to intimidate, censor or silence those who speak out on a matter of public interest or concern by burdening them with the cost of a legal defense against what is ultimately a meritless lawsuit.”
According to Kulkarni, the bill has received widespread support from numerous organizations including the American Civil Liberties Union, Americans for Prosperity, the Bluegrass Institute, the Kentucky Open Government Coalition, the Kentucky Press Association, the Pegasus Institute, the Public Participation Project, and the Uniform Law Commission.
The Center Square: Bill would prevent Hawaiian lawmakers from fundraising during legislative sessions
By Kim Jarrett
The Hawaii Senate Judiciary Committee has recommended approval of a bill that would ban fundraising activities for lawmakers during legislative sessions.
The bill comes on the heels of the arrests of former Senate Majority Leader Jamie Kalani English and former House member Ty J.K. Cullen on fraud charges…
“This amendment will prevent corruption or the appearance of corruption,” Kristin Izumi-Nitao, executive director of the Campaign Spending Commission, said in written testimony…
The bill, which passed out of committee Tuesday, also had broad support from the public and state organizations. However, some wished the bill went further.
“Common Cause Hawaii also suggests prohibiting legislators, during session, regular or special, from receiving contributions or depositing or using any contribution of money that was not deposited prior to the legislative session,” wrote Sandy Ma, executive director of Common Cause Hawaii, in her testimony. “This committee should also consider applying the prohibition to every statewide elected position.”
Others also asked lawmakers to ban all contributions during sessions.
