DOCSLIB.ORG

Citizens United's Impact on Campaign Finance Law in General and Corporate Political Speech in Particular James Jr

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Citizens United's Impact on Campaign Finance Law in General and Corporate Political Speech in Particular James Jr FIRST AMENDMENT LAW REVIEW Volume 9 | Issue 2 Article 4 12-1-2010 The aG me Changer: Citizens United's Impact on Campaign Finance Law in General and Corporate Political Speech in Particular James Jr. Bopp Joseph E. La Rue Elizabeth M. Kosel Follow this and additional works at: http://scholarship.law.unc.edu/falr Part of the First Amendment Commons Recommended Citation James J. Bopp, Joseph E. La Rue & Elizabeth M. Kosel, The Game Changer: Citizens United's Impact on Campaign Finance Law in General and Corporate Political Speech in Particular, 9 First Amend. L. Rev. 251 (2018). Available at: http://scholarship.law.unc.edu/falr/vol9/iss2/4 This Article is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in First Amendment Law Review by an authorized editor of Carolina Law Scholarship Repository. For more information, please contact [email protected]. THE GAME CHANGER: CITIZENS UNITED'S IMPACT ON CAMPAIGN FINANCE LAW IN GENERAL AND CORPORATE POLITICAL SPEECH IN PARTICULAR JAMES BoPP, JR.,* JOSEPH E. LA RUE,**& ELIZABETH M. KoSEL*** TABLE OF CONTENTS Introduction................ ..................... ..... 255 I. The First Amendment was Crafted to Protect Speech. ............. 257 A. The First Amendment protects speech regardless of the speaker's identity ............... ................. 257 B. Other constitutional provisions employ the terms "person" or "citizen," further demonstrating the First Amendment's speech protective purpose ............... 259 C. The First Amendment protects corporate speech..... ..... 260 D. What the Citizens United critics argue and why they are wrong .................................. 262 James Bopp, Jr., B.A., Indiana University, 1970; J.D., University of Florida, 1973; Attorney, Bopp, Coleson & Bostrom, Terre Haute, Ind.; General Counsel, James Madison Center for Free Speech; former Co-Chairman of the Election Law Committee of the Free Speech and Election Law Practice Group of the Federalist Society; Commissioner, National Conference of Commissioners of Uniform State Laws. Mr. Bopp was counsel for the plaintiff in Citizens United v. FederalElection Commission in the district court and prepared their jurisdictional statement upon which the Supreme Court granted review. He has argued six campaign finance and judicial speech cases before the United States Supreme Court. " Joseph E. La Rue received his B.B.L. and B.Th. from Ozark Christian College in 1992 and his J.D. from Notre Dame Law School in 2006. Mr. La Rue is an Attorney with Bopp, Coleson & Bostrom in Terre Haute, Ind. ** Elizabeth M. Kosel received her B.A. from Marquette University in 2004 and her J.D. from Ave Maria School of Law in 2010. Ms. Kosel is an Attorney with Bopp, Coleson & Bostrom in Terre Haute, Ind. 252 FIRST AMENDMENT LA W REVIEW [Vol. 9 II. From Person to Persona Non Grata: The Treatment of Corporations Under Campaign Finance Law from Belotti to McConnell..................264 A. Bellotti held that the First Amendment protects speech, regardless of the speaker ............. ...... 264 1. The Massachusetts Supreme Judicial Court wrongly decided corporations have only limited First Amendment rights ............. ......... 265 2. The United States Supreme Court held that speech may not be regulated simply because the speaker is a corporation............................ 267 B. MCFL suggested that restrictions targeting corporate Political speech might be constitutional ...... ........ 271 1. MCFL was a carve-out exemption to an unconstitutional law................ ........ 274 2. MCFL was a tacit approval of censoring speech of of disfavored speakers.............. ............. 276 C. Austin held that the government may ban corporate independent expenditures because they are made by corporations ............................ ..... 278 1. The corporate speech ban was unconstitutional under Buckleys rule that independent expenditures may not be limited ..... .................... 282 2. The corporate speech ban was unconstitutional under Buckleys rule that speech equalization rationales are constitutionally infirm..........................284 3. The corporate speech ban was unconstitutional under Buckleys rule that First Amendment freedoms are not contingent on the wealth of the speaker........... 284 4. The corporate speech ban was unconstitutional under Bellotti's rule that government may not discriminate against corporate speakers ..... ..... 285 5. The Austin court abandoned its First Amendment precedent because of policy concerns ................. 286 D. Beaumont held that the government may ban corporate contributions because they are made by corporations........... 289 1. The district court held that both the expenditure and contribution bans were unconstitutional as applied to NCRL ..................... ...... 291 20111 CITIZENS UNITED 253 2. The court of appeals affirmed the district court's decision .............. ................... 293 3. The Supreme Court reversed, thereby allowing the government's ban of corporate contributions ........ 293 4. The Supreme Court's Beaumont decision was poorly reasoned and wrongly decided ............... 295 a. The interests in preventing corruption and and protecting dissenting shareholders are inapplicable to advocating corporation's speech ............... ............. 295 b. The PAC-option had already been rejected to protect speech rights ....... ................ 298 c. Strict scrutiny should have been applied to section 441's ban on political speech and association ................... ...... 301 i. Law compelling corporations to employ PACs to engage in First Amendment activity are subject to strict scrutiny ........ 302 ii. Laws restricting contributions are subject to strict scrutiny ....... ..... 303 a. Buckley evaluated the challenged contribution limits under strict scrutiny................. ..... 303 b. Contribution bans must be evaluated under strict scrutiny ........ ..... 307 d. The Court accepted a public distrust of corporate contributions as adequate justification for banning them ........................ 308 E. McConnell held that the government may ban corporate electioneering communications because they are made by corporations .......................................310 III. Wisconsin Right to Life: The Return to a Focus on Speech in First Amendment jurisprudence..................................312 IV. Citizens United: The "Return[] to the Principle Established in Buckley and Bellotti that the Government May Not Suppress Political Speech on the Basis of the Speaker's Corporate Identity ............ .......... ................... 316 A. The government may not discriminate among speakers....... 322 254 FIRST AMENDMENT LAW REVIEW [Vol. 9 B. There is no inherent danger in the corporate form................ 325 C. The interest in preventing financial quid pro quo is only cognizable interest for restricting speech and association ....................................... 325 D. Bans on political speech are not permissible remedies.........327 E. PACs cannot speak for their connected corporations............328 F. Law burdening speech are subject to strict scrutiny.............. 330 G. In the First Amendment context, courts owe no deference to the remedy government chooses to alleviate problems...................... .............. 331 V. Citizens United's Implications for Campaign Finance Law: "More Speech, Not Less, Is the Governing Rule."............331 A. Citizens United explicitly holds that it is unconstitutional to require corporations to employ PACs to speak or associate................................... 332 B. Citizens United necessarily means that it is unconstitutional to limit contributions to committees making independent expenditures........... .................. 338 C. Contribution limits burden speech and therefore must be evaluated under strict scrutiny ............... ...... 340 1. Contributions are political speech... ... ............... 341 2. "Law imposing burdens on political speech must be evaluated under strict scrutiny ..... .......... 344 3. While contribution limits may be permissible, bans are not ....................... ....... 347 D. Citizens United's holding and reasoning demands that Beaumont be reconsidered and overruled...........................348 1. Citizens United's holding demands that Beaumont be reconsidered and overruled ............. ..... 349 2. Citizens United's reasoning demands that Beaumont be reconsidered and overruled ......... ......... 350 a. Beaumont impermissibly allowed the government to discriminate among speakers .... 351 b. Beaumont impermissibly found a corruption interest in the corporate form........ ....... 352 c. Beaumont impermissibly ruled that corporations could speak and associate through their PACs ............................ 353 2011] CITIZENS UNITED 255 d. Beaumont failed to apply strict scrutiny to the corporate contribution ban .......................... 355 3. Citizens United's rejection on the interests Beaumont relied upon demands that Beaumont be reconsidered and overruled ............................. 356 a. Beaumont relied upon the antidistortion interest, which Citizens United invalidated ..... 356 b. Beaumont relied upon the shareholder protection interest, which Citizens United invalidated.......................... 359 c. Beaumont relied upon anti-influence interest, which Citizens United invalidated ..... 359 d. Beaumont relied upon the anti-circumvention interest, which Citizens United discredited..... 360 Conclusion
Load more

Recommended publications
  • DOCUMENY RESUME CG 016 510 White House Conference on Aging
    DOCUMENY RESUME ED 227 382 CG 016 510 TITLE White House Conference on Aging (Washington, D.C., November 30-December 3, 1981). Final Report. VOlume, 2: Process Proceedings. INSTfTUTION Whitellouse Conference on Aging, Washington, D..C. SPONS AGENCY Department of Health and Human $ervices, Washington, D.C. PUB DATE 81 NOTE 141p.; For related documents, see tD-215257-269 And CG 016 509-511. - PUB TYPE Collected Works - ConIerence,Proceedings (021) -- Reports - General (140 . EDRS PRICE MF01/PC06 PlUs.Postage. DESCRIp7ORS Aging (Individuals); Committees; Conferendes; *Economic Climate; *Federal Legislation; Gerontology; *Governthent Role; History; Human ServiCes; *Older Adults; Quality of Life; Retirement IDENTIFIERS *White House Conference on Aging ABSTRACT This secopd volume of the final report of the 1981 White House Conference on Aging.presents a historicaloverview of the Conference, tracing its history from its indeption as ajoin' resolution in Congress in 1979 through 'thenationwide preparatory activities, to its culmination with the gathering of delegates and observers in late November of 1981. Previous conferences areoutlined , and the eConomic climate at the time of the 1981Conferenc'e is .described. Enabling legislation and early preparations forthe conferenca are reviewed, and the conference processis described in detail. The texts of welcothing speeches and keynotead-dresses to the Conference delegates are also presented. Reports of the14 Conference' committeesare sumniarized. The appendices present the text ofthe 1981 White House Conference on Aging Act andprovide,lists of the . National Advisory Committee, the state-White House Confekence on ,Aging coordinatOrs, state Wbite House Conferences onAging, the technical committees, the mini-confeiences,_delegates,observers, international observers, official rules of procedure, Conference committee leadership, and the 1981 White House Conference onAging staff.
    [Show full text]
  • American Political Rhetoric: a Study of Selected Speeches by George W. Bush
    2005:032 C EXTENDED ESSAY American Political Rhetoric A study of selected speeches by George W. Bush INGELA ANDERSSON Department of Languages and Culture ENGLISH C Supervisor: Cathrine Norberg 2005:032 • ISSN: 1402 - 1773 • ISRN: LTU - CUPP--05/32 - - SE ABSTRACT The topic of this study is American political rhetoric. The aim is to see if and how President of the United States of America, George W. Bush uses different semantic devices, such as metaphors and anaphors, as well as religious and historical symbols in his speeches and to see if those devices and symbols follow the tradition of American political rhetoric. In order to do this, eight speeches made by the President have been selected for analysis. The speeches all concern the war on Iraq and worldwide terrorism and also the issue of peace in the Middle East. The addresses have been analyzed and metaphors, anaphors and religious and historical symbols have been found. From the results of this study, the conclusion can be drawn that the President deliberately uses devices and symbols that follow the line of traditional American political rhetoric. TABLE OF CONTENTS 1 Introduction 1 1.1 Background 1 1.2 Aim 2 1.3 Method and Material 2 2 History 3 3 Semantic and Rhetoric Devices 6 3.1 Metaphors 6 3.2 Anaphora 7 3.3 Religious and Historical Symbols 7 4 Presentation 7 4.1 Speech 1: Statement by the President in His Address to the Nation 8 4.2 Speech 2: Address to a Joint Session of Congress and the American People 8 4.3 Speech 3: President Bush Addresses the Nation 12 4.4 Speech 4:
    [Show full text]
  • In the Indiana Court of Appeals Case No. 19A-MI-02991 Brief Of
    Received: 2/29/2020 11:08 PM In the Indiana Court of Appeals Case No. 19A-MI-02991 Indiana Family Institute, Inc.; Indiana Family Ac- tion, Inc.; and The American Family Association of Indiana; Plaintiffs-Appellants v. The City of Carmel, Indiana; City Attorney for the Appeal from the City of Carmel, Indiana; Douglas Haney, in his offi- Hamilton County Superior Court 1 cial capacity as City Attorney for the City of Carmel, Indiana; The City of Indianapolis-Marion County, Case No. 29D01-1512-MI-010207 Indiana; The City of Indianapolis-Marion County Equal Opportunity Advisory Board; The City of Hon. Michael A. Casati, Judge Bloomington, Indiana; The City of Bloomington Human Rights Commission; The City of Columbus, Indiana; The City of Columbus Human Rights Commission; The State of Indiana; Attorney Gen- eral Curtis Hill, in his official capacity as Attorney General of the State of Indiana; Defendants-Appellees Brief of Appellant American Family Association of Indiana James Bopp, Jr. Lead Attorney for Plaintiffs-Appellants [email protected] Richard E. Coleson [email protected] Melena S. Siebert [email protected] The Bopp Law Firm, PC 1 South Sixth Street Terre Haute, IN 47807 Telephone: 812-232-2434 Attorneys for Plaintiffs-Appellants 1 BRIEF OF APPELLANT AMERICAN FAMILY ASSOCIATION OF INDIANA (“AFA”) Table of Contents Table of Contents . 2 Table of Authorities . 4 Statement of Issues . 5 Statement of Case . 6 Statement of Facts. 7 A. RFRAs have a strongly bipartisan history, same-sex marriage is recent, and this is a type of compelled-speech case called a forced-inclusion-expressive-association case.
    [Show full text]
  • Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 104 CONGRESS, SECOND SESSION
    E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, SECOND SESSION Vol. 142 WASHINGTON, TUESDAY, JUNE 25, 1996 No. 95 House of Representatives The House met at 10:30 a.m. and was floor in a wheelchair, but he was abso- is New Jersey's largest circulation called to order by the Speaker. lutely, totally dedicated to serving. He daily, which essentially addressed the f loved this House. He loved the process issue of health insurance reform as of dealing with issues and problems and well as medical savings accounts and MORNING BUSINESS helping people, and he loved the inter- pointed out how significant this legis- The SPEAKER. Pursuant to the action between human beings. lation is in terms of providing addi- order of the House of May 12, 1995, the I think all of us are a little poorer tional health insurance for many Chair will now recognize Members from and all of us in the House I think on Americans who lose their health insur- lists submitted by the majority and both sides of the aisle are certainly a ance when they lose a job or because of minority leaders for morning hour de- little sadder at the loss of this fine, a prior medical condition. bates. The Chair will alternate recogni- wonderful gentleman who passed away The editorial also details to some ex- tion between the parties, with each over the weekend. I simply wanted to tent, I would say, why we should not party limited to not to exceed 30 min- share with the House those thoughts on include medical savings accounts if we utes, and each Member except the ma- behalf I think of all the Members of the ever want to see health insurance re- jority and minority leaders limited to House.
    [Show full text]
  • The Campaign Finance Safeguards of Federalism
    Emory Law Journal Volume 63 Issue 4 2014 The Campaign Finance Safeguards of Federalism Garrick B. Pursley Follow this and additional works at: https://scholarlycommons.law.emory.edu/elj Recommended Citation Garrick B. Pursley, The Campaign Finance Safeguards of Federalism, 63 Emory L. J. 781 (2014). Available at: https://scholarlycommons.law.emory.edu/elj/vol63/iss4/1 This Article is brought to you for free and open access by the Journals at Emory Law Scholarly Commons. It has been accepted for inclusion in Emory Law Journal by an authorized editor of Emory Law Scholarly Commons. For more information, please contact [email protected]. PURSLEY GALLEYSPROOFS 4/3/2014 2:50 PM THE CAMPAIGN FINANCE SAFEGUARDS OF FEDERALISM ∗ Garrick B. Pursley ABSTRACT This Article provides the first systematic account of the relationship between campaign finance and federalism. Federalism—a fundamental characteristic of the constitutional structure—depends for its stability on political mechanisms. States and their advocates and representatives in Congress, federal agencies, political parties, intergovernmental lobbying groups, and other political forums work together to check federal interference with state governments. Entire normative theories of federalism depend on the assumption that this system of political safeguards is working effectively in the background. But the federalism and constitutional theory literatures lack a rigorous account of the effects of dramatic political change on pro-federalism political dynamics. Building that account is particularly timely now. Political safeguards work only if states retain significant political influence. But, as recent elections vividly demonstrate, Citizens United has created a new class of political operators—of which Super PACs are emblematic—whose potential political influence may be limitless.
    [Show full text]
  • Supreme Court of the United States
    No. 11-1179 ================================================================ In The Supreme Court of the United States --------------------------------- --------------------------------- AMERICAN TRADITION PARTNERSHIP, INC., fka WESTERN TRADITION PARTNERSHIP, INC., et al., Petitioners, v. STEVE BULLOCK, Attorney General of Montana, et al., Respondents. --------------------------------- --------------------------------- On Petition For A Writ Of Certiorari To The Supreme Court Of The State Of Montana --------------------------------- --------------------------------- AMICUS CURIAE BRIEF OF RETIRED JUSTICES OF THE MONTANA SUPREME COURT AND JUSTICE AT STAKE IN SUPPORT OF RESPONDENTS --------------------------------- --------------------------------- AMY POEHLING EDDY Counsel of Record BOTTOMLY EDDY & SANDLER, PLLP 1230 Whitefish Stage Road Kalispell, MT 59901 (406) 752-3303 [email protected] Counsel for Amicus Curiae ================================================================ COCKLE LAW BRIEF PRINTING CO. (800) 225-6964 OR CALL COLLECT (402) 342-2831 i TABLE OF CONTENTS Page TABLE OF AUTHORITIES ................................... ii INTEREST OF AMICI CURIAE ........................... 1 SUMMARY OF ARGUMENT ................................ 2 ARGUMENT ........................................................... 5 I. The dramatic increase in independent ex- penditures in judicial elections has ad- versely impacted the judiciary’s effective functioning ................................................... 7 A. Judicial election spending
    [Show full text]
  • Fifty Years After Martin Luther King's Speech, Obama's Gradual
    blo gs.lse.ac.uk http://blogs.lse.ac.uk/usappblog/2013/09/07/fifty-years-after-martin-luther-kings-i-have-a-dream-speech-the-european-union- could-still-learn-a-lot-from-his-words/ Fifty years after Martin Luther King’s speech, Obama’s gradual approach to political change still needs King’s visionary dream to play against Last week saw the 50th anniversary of Martin Luther King’s ‘I have a dream’ speech, which was marked at an event by President Barack Obama. Rune Kier writes that while King’s speech was one which articulated abrupt and revolutionary change to achieve equality against an apparently stagnant establishment, Obama’s rhetoric is that of gradual, hard won, political change. Despite these differences, King’s speech is still the vision that Obama is striving for. Last Wednesday, the f irst Af rican-American President of the United States, Barack Obama, delivered a speech commemorating the 50th anniversary of the iconic ‘I have a dream’ speech by legendary civil rights leader Martin Luther King Jr. The speech not only has relevance f or race-relations in the United States, but holds important lessons f or Europe as it continues to struggle with the consequences of the on-going Eurozone crisis. King and his dream There are many similarities between Obama and Martin Luthe r King Jr., Cre d it: Lib rary o f Co ng re ss (CC-BY-SA-3.0) King, but also a f ew dif f erences to learn f rom. Both are black men who talk about racial justice against the backdrop of the economy.
    [Show full text]
  • **** This Is an EXTERNAL Email. Exercise Caution. DO NOT Open Attachments Or Click Links from Unknown Senders Or Unexpected Email
    Scott.A.Milkey From: Hudson, MK <[email protected]> Sent: Monday, June 20, 2016 3:23 PM To: Powell, David N;Landis, Larry (llandis@ );candacebacker@ ;Miller, Daniel R;Cozad, Sara;McCaffrey, Steve;Moore, Kevin B;[email protected];Mason, Derrick;Creason, Steve;Light, Matt ([email protected]);Steuerwald, Greg;Trent Glass;Brady, Linda;Murtaugh, David;Seigel, Jane;Lanham, Julie (COA);Lemmon, Bruce;Spitzer, Mark;Cunningham, Chris;McCoy, Cindy;[email protected];Weber, Jennifer;Bauer, Jenny;Goodman, Michelle;Bergacs, Jamie;Hensley, Angie;Long, Chad;Haver, Diane;Thompson, Lisa;Williams, Dave;Chad Lewis;[email protected];Andrew Cullen;David, Steven;Knox, Sandy;Luce, Steve;Karns, Allison;Hill, John (GOV);Mimi Carter;Smith, Connie S;Hensley, Angie;Mains, Diane;Dolan, Kathryn Subject: Indiana EBDM - June 22, 2016 Meeting Agenda Attachments: June 22, 2016 Agenda.docx; Indiana Collaborates to Improve Its Justice System.docx **** This is an EXTERNAL email. Exercise caution. DO NOT open attachments or click links from unknown senders or unexpected email. **** Dear Indiana EBDM team members – A reminder that the Indiana EBDM Policy Team is scheduled to meet this Wednesday, June 22 from 9:00 am – 4:00 pm at IJC. At your earliest convenience, please let me know if you plan to attend the meeting. Attached is the meeting agenda. Please note that we have a full agenda as this is the team’s final Phase V meeting. We have much to discuss as we prepare the state’s application for Phase VI. We will serve box lunches at about noon so we can make the most of our time together.
    [Show full text]
  • Certiorari Reply Brief
    No. 14-434 In The Supreme Court of the United States ____________ ProtectMarriage.com–Yes on 8 et al., Petitioners v. Alex Padilla et al., Respondents ____________ On Petition for a Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit ____________ Reply Brief ____________ James Bopp, Jr. Counsel of Record Andrew P. Pugno Richard E. Coleson LAW OFFICES OF ANDREW THE BOPP LAW FIRM, PC P. PUGNO The National Building Suite 100 1 South Sixth Street 101 Parkshore Drive Terre Haute, IN 47807 Folsom, CA 95630-4726 812/232-2434 916/608-3065 812/235-3685 (facsimile) Counsel for ProtectMar- [email protected] riage.com—Yes on 8 Counsel for ProtectMar- riage.com—Yes on 8 February 9, 2015 and John Doe#1 Additional Counsel Listed Inside Front Cover David A. Cortman Kaylan L. Phillips Kevin H. Theriot Noel H. Johnson David J. Hacker ACTRIGHT LEGAL FOUN- ALLIANCE DEFENDING DATION FREEDOM 209 West Main Street 15100 North 90th Street Plainfield, IN 46168 Scottsdale, AZ 85260 317/203-5599 480/444-0020 Counsel for NOM CA and Counsel for Petitioners NOM CA PAC Corporate Disclosure No Petitioner is incorporated. (i) Table of Contents Reasons to Grant Certiorari. 1 I. The Mootness Analysis Below Conflicts with this Court’s Standards and Creates Circuit Conflicts... 1 II. The Mootness-Exception Analysis Below Conflicts with this Court’s Standards and Creates Circuit Conflicts... 8 III. The Ripeness Analysis Below Conflicts with this Court’s Standards and Creates Conflicts.. 10 IV. This Court Should Grant Certiorari on Whether Petitioners Are Entitled to a Dis- closure Exemption.
    [Show full text]
  • Transcript, January 14-15, 2009 Public Hearing on Agency Policies and Procedures
    Federal Election Commission Public Hearing on Agency Practices and Procedures January 14-15, 2009 Wednesday, January 14, 2009 P R O C E E D I N G S current commissioner, Ellen Weintraub. The comments received during the 2003 9th Floor Meeting Room CHAIRMAN WALTHER: Good review were considered by the Commission 999 E Street, N.W. morning. The special session of the and as a result, the Commission adopted a Washington, DC 20463 Federal Election Commission for number of new policies and procedures, Wednesday, January 14 and Thursday some of which are referenced in the COMMISSION MEMBERS: January 15, 2009, will please come to Federal Register Notice for this hearing. order. I'd like to welcome everyone to this We are here today to continue that STEVEN T. WALTHER, Chairman hearing on the Commission's policies, process, asking once again for feedback on MATTHEW S. PETERSEN, Vice practices and procedures. how we have been fulfilling our mission Chairman I'm Steve Walther, Chairman of and more importantly, how we can improve CYNTHIA L. BAUERLY, Commissioner the Commission. I will begin by it going forward. The three basic questions CAROLINE C. HUNTER, Commissioner introducing my colleagues at the table. for which we seek answers are, how can we ELLEN L. WEINTRAUB, Commissioner On my left is Vice Chairman Matt make our process more transparent? How DONALD F. McGAHN II, Commissioner Petersen. On my right is Commissioner can we make it more fair? And how can Cindy Bauerly. Further on the left is we make it more efficient? ALSO PRESENT: Commissioner Caroline Hunter and further This hearing invites comment on on the right is Commissioner Ellen the broadest scope of Commission THOMASENIA P.
    [Show full text]
  • Masters of Scale Episode Transcript – Barack Obama Part 1
    Masters of Scale Episode Transcript – Barack Obama part 1 “President Barack Obama: When the moment chooses you, part 1” Click here to listen to the full Masters of Scale episode featuring Barack Obama REID HOFFMAN: My guest today is President Barack Obama. But we’re not talking politics. We’re talking about scale – and how the lessons he learned as President relate to any organization. But we’ll start our episode as we often do with a story related to the ground we’ll cover ... It’s a story from someone else, who definitely doesn’t mind being Obama’s opening act. And it starts with a phone call. will.i.am: Someone calls me and says, "Hey, your song, I Got It From My Mama, we want to borrow that and turn it into I'm Voting For Obama." And I said, “Nah, no, no, no, no, you guys can't do that. He's definitely going to lose.” HOFFMAN: That is will.i.am. Grammy Award-winning artist, co-founder of the Black Eyed Peas. Will also created the “Yes we can” video for Obama that went viral. But when he first got the call? It was a hard “No.” To be clear, Will didn’t say “no” because he thought Obama would lose. He thought Obama would lose if he used the song “I Got it from my Mama.” will.i.am: The original is me on a beach in Brazil with a bunch of models. That's not a recipe for success. That's not the ingredients.
    [Show full text]
  • Cicero and Barack Obama: How to Unite the Republic Without Losing Your Head
    Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2020 Cicero and Barack Obama: How to Unite the Republic Without Losing Your Head Michael J. Cedrone Georgetown University Law Center, [email protected] This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/2266 https://ssrn.com/abstract=3607105 Nevada Law Journal, Vol. 20, Issue 3, 1177. This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Jurisprudence Commons, Law and Society Commons, and the Legal Writing and Research Commons 20 NEV. L.J. 1177 CICERO AND BARACK OBAMA: HOW TO UNITE THE REPUBLIC WITHOUT LOSING YOUR HEAD Michael J. Cedrone* TABLE OF CONTENTS INTRODUCTION ............................................................................................. 1178 I. AUTHOR AND AUDIENCE IN THE LIFE OF CICERO AND IN DE ORATORE .......................................................................................... 1182 A. Cicero: A Career Built on Oratory ........................................... 1182 B. De Oratore’s Purposes: Gazing on the Orator ......................... 1185 C. Setting the Scene for De Oratore: Location, Situation, Participants ............................................................................... 1186 D. Rhetoric, Philosophy, Action, Audience, and Power ................ 1187 II. CICERO AND BARACK OBAMA: RIGHTING THE SHIP OF STATE ........ 1191
    [Show full text]