Skip to content
Search

Latest Stories

Top Stories

First state regulation of online political ads struck down in federal appeals court

First state regulation of online political ads struck down in federal appeals court

The Maryland law regulating online political ads was written by lawmakers seeking to prevent a repeat of the sort of online misinformation campaigns by Russians and others that sullied the 2016 election.

A Maryland law intended to prevent foreign election interference by regulating online political advertising has been struck down by a federal appeals court.

At a time when controlling the surge of misleading campaign spots on social media and news sites has proved easier said than done, Maryland was the first state to expand disclosure mandates. Its General Assembly enacted a law in time for the closing months of the 2018 midterm campaign requiring such platforms to publish information about ad purchases and keep records for the state to review.

But a three-judge panel of the 4th Circuit Court of Appeals says the law unconstitutionally singles out political expression for special scrutiny and promises a "chilling effect" on free speech. The unanimous ruling on Friday, upholding a federal trial judge's position, is the latest in a series of federal judicial decisions against efforts to regulate campaign financing.


The decision could complicate efforts, which have stalled in Congress again this year, to subject online paid political advertising nationwide to the same disclosure and disclaimer regulations as TV and radio spots. The bill, known as the Honest Ads Act, has significant bipartisan support but GOP Senate Majority Leader Mitch McConnell is unalterably opposed.

Sign up for The Fulcrum newsletter

Nine newspapers that cover Maryland, including The Washington Post and The Baltimore Sun, successfully argued the law violates the First Amendment. More than a dozen news organizations supported the lawsuit.

In defending the statute, the Board of Elections maintained it was written only with electoral transparency in mind and does not infringe on the rights of the press to exercise editorial control and judgement.

At the time the Democratic-majority Legislature wrote the measure, it was clear the policymakers of Annapolis were motivated by a desire to prevent a repeat of the sort of online misinformation campaigns by Russians and others that sullied the 2016 election. (GOP Gov. Larry Hogan raised free speech concerns but allowed the bill to become law without his signature.)

"Despite its admirable goals, the act reveals a host of First Amendment infirmities: a legislative scheme with layer upon layer of expressive burdens, ultimately bereft of any coherent connection to an offsetting state interest of sufficient import," Judge J. Harvie Wilkinson III wrote for the court.

The law required online platforms that hosted political spots to maintain records of the buyer identities and contact information, the person exercising control over those entities and the total amounts paid for each ad.

Online platforms were also ordered to keep detailed records about the content of the ads for inspection by the Board of Elections. The records had to include the candidate or ballot issue the ad referred to, whether the ad was supportive or opposing, a description of the geographic locations where the ad was disseminated and a description of the audience that received or was targeted to receive the ad.

The court cited Google's decision to stop hosting political ads in Maryland last year as one example of the law's "chilling effect." Several other publishers promised to do the same if the law was upheld. At least one candidate for the state House claimed Google's withdrawal harmed his campaign.

"In sum, it is apparent that Maryland's law creates a constitutional infirmity distinct from garden-variety campaign finance regulations," Wilkinson wrote.

Read More

Rep. Don Davis and Sen. Marco Rubio

Rep. Don Davis and Sen. Marco Rubio won the Congressional Management Foundation's Democracy Award for Innovation and Modernization.

Finding innovators in an unlikely place: Congress

Fitch is the president and CEO of the Congressional Management Foundation and a former congressional staffer.

One of the last places you’d expect to see innovation in the workplace is in the halls of Congress. One lawmaker described the institution this way: Congress is “a 19th century institution often using 20th century technology to solve 21st century problems.” That is one of the reasons the Congressional Management Foundation sought to create competition among members of Congress with a Democracy Award for Innovation and Modernization.

Keep ReadingShow less
Sen. Tammy Duckworth and Rep. Don Bacon

Sen. Tammy Duckworth and Rep. Don Bacon won the "Life in Congress" award from the Congressional Management Foundation.

The best bosses in an unusual work environment: Capitol Hill

Fitch is the president and CEO of the Congressional Management Foundation and a former congressional staffer.

Our nation’s capital is known for many things — but good management practices are not among them. Stories regularly surface of bizarre tales of harassment and abuse by members of Congress. An Instagram feed a few years ago unearthed dozens of stories by staff outing less-than-desirable managers and members for their bad practices. But what about the good leaders and good managers?

Like any profession, Congress actually has quite a few exemplary office leaders. And the beneficiaries of these role models are not just their staff — it’s also their constituents. When a congressional office can retain great talent, sometimes over decades, the quality of the final legislative product or constituent service rises immensely.

Keep ReadingShow less
U.S. flag flapping in front of the Capitol Dome
rarrarorro/Getty Images

The American experiment – a democratic republic – is worth defending

Radwell is the author of“American Schism: How the Two Enlightenments Hold the Secret to Healing our Nation” and serves on the Business Council at Business for America. This is the 10th entry in a 10-part series on theAmerican schism in 2024.

As citizens of all stripes struggle to make sense of the rancorous polarization that defines our nation today, a reemerging debate centers on the very characterization of the American ideal itself: Do we strive to be a democracy or a republic?

Keep ReadingShow less
Wegovy box
Jakub Porzycki/NurPhoto via Getty Images

How Congress can quickly make Ozempic, Wegovy affordable

Pearl, the author of “ChatGPT, MD,” teaches at both the Stanford University School of Medicine and the Stanford Graduate School of Business. He is a former CEO of The Permanente Medical Group.

A whopping one in eight U.S. adults have taken GLP-1 drugs like Wegovy and Ozempic for weight loss and related conditions. Their popularity and efficacy have sparked a prescription-writing frenzy in recent years, leaving both medications on the Food and Drug Administration's drug shortage list since May 2023.

Keep ReadingShow less