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rickhasen's profile
Rick Hasen
Rick Hasen
Rick Hasen
Verified account
@rickhasen

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Rick HasenVerified account

@rickhasen

Professor of Law and Political Science at UC Irvine; Election Law Blogger. Author #JusticeofContradictions coming March 2018 http://amzn.to/2CoWbzx 

Studio City, California
electionlawblog.org
Joined June 2009

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    1. Rick Hasen‏Verified account @rickhasen Jun 14

      Rick Hasen Retweeted Ned Foley

      I don't think so. I think the Court says that false and misleading speech about when and where to vote can be banned, a point I made (distinguishing Alvarez) in "A Constitutional Right to Lie in Campaigns and Elections? https://scholarship.law.umt.edu/mlr/vol74/iss1/4/ …https://twitter.com/Nedfoley/status/1007285944326721537 …

      Rick Hasen added,

      Ned Foley @Nedfoley
      Does SCOTUS in Mansky suggest Alvarez (stolen valor case) should be read narrowly, to give Govt leeway to adopt reasonable rules to protect voters from disinformation efforts? Issue is very tricky, as @rickhasen has analyzed in "Cheap Speech" but Court seems open to careful laws.
      2 replies 0 retweets 3 likes
    2. Ned Foley‏ @Nedfoley Jun 14
      Replying to @rickhasen

      Does it depend on the type of rule? If Govt required Facebook, etc., to help voters detect disinformation, rather than banning it, that kind of careful tailoring might survive the kind of scrutiny SCOTUS uses in Mansky. At least it would get the Court's respectful attention.

      1 reply 0 retweets 1 like
      Rick Hasen‏Verified account @rickhasen Jun 14
      Replying to @Nedfoley

      I agree (and argue in Cheap Speech) that such a law should be constitutional. I just don't think Mansky does much to help on that score.

      9:36 AM - 14 Jun 2018
      1 reply 0 retweets 0 likes
        1. Ned Foley‏ @Nedfoley Jun 14
          Replying to @rickhasen

          I think it helps on tone & general judicial methodology. I read tone of Alvarez plurality as much more hostile to Govt interference with marketplace of ideas. I read Mansky tone as much more sympathetic to Govt regs that structure democratic deliberation w/o unneeded speech bans.

          0 replies 0 retweets 0 likes
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