![]() ![]() Tabatha Abu El-Haj, Networking the Party: First Amendment Rights & the Pursuit of Responsive Party Government, 118 Colum. ![]() More academic articles by Rick Hasen › Recent Books by ELB Contributors Three Pathologies of American Voting Rights Illuminated by the COVID-19 Pandemic, and How to Treat and Cure Them, Election Law Journal (2020) Optimism and Despair About a 2020 “Election Meltdown” and Beyond, 100 Boston University Law Review Online 298 (2020) (part of symposium on my book, Election Meltdown) Research Note: Record Election Litigation Rates in the 2020 Election: An Aberration or a Sign of Things to Come?, Election Law Journal, (2022) Identifying and Minimizing the Risk of Election Subversion and Stolen Elections in the Contemporary United States, 135 Harvard Law Review Forum 265 (2022) Nonprofit Law as a Tool to Kill What Remains of Campaign Finance Law: Reluctant Lessons from Ellen Aprill, 46 Loyola of Los Angeles Law Review (forthcoming 2023) (festschrift symposium honoring Ellen Aprill), draft available, Įlection Reform: Past, Present, and Future in Oxford Handbook of American Election Law (Eugene Mazo, ed., forthcoming 2023), draft available: More op-eds and commentaries by Rick › Recent Academic Articles and Working Papers by Rick Hasen No One is Coming to Save Us from the ‘Dagger at the Throat of America,’ N.Y. ![]() What Democrats Need From Mitch McConnell to Make an Election Reform Deal Worth It, Slate, Jan. North Carolina Republicans Ask SCOTUS To Decimate Voting Rights in Every State, Slate, Feb. How to Keep the Rising Tide of Fake News from Drowning Our Democracy, N.Y. How Supreme Court Radicalism Could Threaten Democracy Itself, Slate, Mar. But He’s Still a Danger, Washington Post, Mar. The One Group That Can Stop Elon Musk from Unbanning Trump on Twitter, Slate, May 10, 2022įacebook and Twitter Could Let Trump Back Online. 6 Committee Should Be Looking Ahead to Election Threats in 2024, Wash. No One is Above the Law, and that Starts with Donald Trump, N.Y. It’s Hard to Overstate the Danger of the Voting Case the Supreme Court Just Agreed to Hear, Slate, June 30, 2022 What the Critics Get Incredibly Wrong About the Collins-Manchin Election Bill, Slate, July 25, 2022 The Truly Scary Part About the 1.6 Billion Conservative Donation, Slate, Aug(with Dahlia Lithwick) The Supreme Court is Headed for a Self-Imposed Voting Caseload Disaster, Slate, Octo(with Nat Bach) The Courts are the Only Thing Holding Back Total Election Subversion, The Atlantic, November 2, 2022Īn Arizona Court Seems to Think Voter Intimidation Isn’t Voter Intimidation, NBC News Think, November 1, 2022 I’ve Been Way More Worried About American Democracy Than I Am Right Now, Slate, November 14, 2022 It Should Keep Him on a Short Leash to Protect Democracy, Slate, January 25, 2023 Unfortunately, the Biggest Election Case of the Supreme Court Term Could Soon Be Moot, Slate, February 6, 2023 To the extent that Trump, Lindell, and others think that their reckless repetition of disinformation about the 2020 election is protected by the First Amendment, they may be much more vulnerable to liability (both civil and criminal) than they realize. Although the “stolen valor” case ( Alvarez) holds that Congress or a state legislature must have a reason to criminalize speech in order for the “reckless disregard” standard to apply, Alvarez recognized both defamation and fraud as longstanding appropriate bases for holding speech to the “reckless disregard” standard. 64 (1964), applied the same “reckless disregard” standard to criminal prosecutions that New York Times v. This point may be relevant for civil litigation against Trump, as well as others (like Mike Lindell), but it’s also potentially relevant to possible criminal exposure from repeated reckless falsehoods. These notes further support the point that anytime Trump has claimed that the election was stolen from him since learning from the Justice Department, including Bill Barr and his successor, that these claims were baseless, Trump is making statements in reckless disregard of the truth and thus acting outside the protection of the First Amendment. According to the Times, the notes include Donaghue telling Trump: “Much of the info you’re getting is false.” Also: “We look at allegations but they don’t pan out,” Trump was told according to the notes. DOJ has turned these notes over to the House Oversight and Reform Committee. Rosen, took of a conversation with then-president Trump. Donaghue, a DOJ deputy to Acting AG Jeffrey A. ![]() NY Times reports on notes that Richard P. ![]()
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