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.
Broadcasters are pushing back against the Federal Communications Commission after the agency made clear it wants broader public disclosure regarding TV political ads.
With the 2020 election less than a year away and political TV ads running more frequently, the FCC issued a lengthy order to clear up any ambiguities licensees of TV stations had regarding their responsibility to record information about ad content and sponsorship. In response, a dozen broadcasting stations sent a petition to the agency, asking it to consider a more narrow interpretation of the law.
This dispute over disclosure rules for TV ads comes at a time when digital ads are subject to little regulation. Efforts to apply the same rules for TV, radio and print advertising across the internet have been stymied by Congress's partisanship and the Federal Election Commission being effectively out of commission.
Two conservative advocacy groups are fighting Rhode Island's campaign finance laws that mandate donor disclosure for political advertisements — because it would impact their bottom lines and donors' personal safety.
The in-state Gaspee Project and the Chicago-based Illinois Opportunity Project filed a lawsuit against the Rhode Island Board of Elections in federal court on Thursday. The plaintiffs argue that political ads not coordinated with a campaign are protected under the First and Fourteenth amendments and should not be subject to the state's disclosure rules.
But supporters of campaign finance laws like the ones in Rhode Island say increasing transparency around political ads helps voters know who is behind the messaging.
A top issue on the democracy reform agenda — protecting elections against both disinformation and cyber hacking — is getting some unusual attention this week in the Democratic presidential campaign.
Amy Klobuchar, arguably at the top of the second tier of candidates given her rising support in Iowa, went to Atlanta on Monday to highlight her efforts in the Senate to enhance election security and to unveil some additional proposals.
The choice of location made sense for two reasons. She and nine other Democrats will meet in the city Wednesday night for their latest in a series of debates where the governing system's problems have so far received short shrift. And Georgia has emerged as the most prominent state where bolstering voting rights and election integrity have become a top priority of the Democratic establishment.