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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. Dan McLaughlin‏Verified account @baseballcrank 24 Jul 2017

      Dan McLaughlin Retweeted Rick Hasen

      Only if you ignore or strike down 52 U.S.C. § 30121(b)(2) AND 22 U.S.C. § 611(b)(2)-(3). @VolokhChttps://twitter.com/rickhasen/status/889512642758418432 …

      Dan McLaughlin added,

      Rick HasenVerified account @rickhasen
      Unless I missed, @VolokhC never responded to this on Donald Trump Jr.,which I think blows 1st amendment defense away http://electionlawblog.org/?p=93950 
      1 reply 0 retweets 3 likes
    2. Rick Hasen‏Verified account @rickhasen 24 Jul 2017
      Replying to @baseballcrank @VolokhC

      b(2) does not come into play in a Don Jr. prosecution and focus on b(1) solves overbreadth problem

      1 reply 0 retweets 0 likes
    3. Dan McLaughlin‏Verified account @baseballcrank 24 Jul 2017
      Replying to @rickhasen @VolokhC

      If I were Don Jr's lawyer, I'd be VERY happy if the govt conceded it had to prove (b)(1)/(b)(1). But overbreadth deals with whole breadth.

      1 reply 0 retweets 0 likes
    4. Rick Hasen‏Verified account @rickhasen 24 Jul 2017
      Replying to @baseballcrank @VolokhC

      Not according to overbreath expert Dick Fallon http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=1031&context=californialawreview …pic.twitter.com/onCIweg1Uw

      1 reply 0 retweets 0 likes
    5. Dan McLaughlin‏Verified account @baseballcrank 24 Jul 2017
      Replying to @rickhasen @VolokhC

      He's citing cases that didn't even question separate parts of a statute. Look at overbreadth cases, eghttps://supreme.justia.com/cases/federal/us/559/460/opinion.html …

      1 reply 0 retweets 0 likes
    6. Dan McLaughlin‏Verified account @baseballcrank 24 Jul 2017
      Replying to @baseballcrank @rickhasen @VolokhC

      The argument you're making about 22 U.S.C. § 611(b) would divide up the *definitional* section of that statute.

      2 replies 0 retweets 0 likes
    7. Rick Hasen‏Verified account @rickhasen 24 Jul 2017
      Replying to @baseballcrank @VolokhC

      I've gone back to Part IV.B of the Fallon article, which makes clear that if there are logical divisions for severability, no facial attack

      1 reply 0 retweets 0 likes
    8. Rick Hasen‏Verified account @rickhasen 24 Jul 2017
      Replying to @rickhasen @baseballcrank @VolokhC

      Severability when court "can identify a particular, precise way of severing the statute that cures the defect of substantial overbreadth"

      2 replies 0 retweets 1 like
    9. Dan McLaughlin‏Verified account @baseballcrank 24 Jul 2017
      Replying to @rickhasen @VolokhC

      Also bear in mind that the core issue is overbreadth of the definition of "thing of value," which appears elsewhere outside 30121.

      1 reply 0 retweets 0 likes
      Rick Hasen‏Verified account @rickhasen 24 Jul 2017
      Replying to @baseballcrank @VolokhC

      that's a separate problem and if applied only to foreign governments, easy to say no *substantial* overbreadth

      11:29 AM - 24 Jul 2017
      1 reply 0 retweets 0 likes
        1. New conversation
        2. Dan McLaughlin‏Verified account @baseballcrank 24 Jul 2017
          Replying to @rickhasen @VolokhC

          As a matter of statutory construction, rare for Court to define a term so broadly it's only Constitutional in a tiny sliver of its uses.

          2 replies 0 retweets 0 likes
        3. Dan McLaughlin‏Verified account @baseballcrank 24 Jul 2017
          Replying to @baseballcrank @rickhasen @VolokhC

          That's exactly the sort of thing the Court rejected in Stevens when applying overbreadth to a definitional section.

          0 replies 0 retweets 0 likes
        4. End of conversation

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