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February 25, 2010

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Paul Secunda

Kathleen:

I have also proposed a response which will prohibit employers from engaging in political captive audience meetings with their employees about the company view on candidates or parties. Such meetings used to be prohibited by the FEC but now are permitted after Citizens United. A captive audience meeting, common in labor law, occurs when an employer forces employees to listen to their views at pain of being terminated.

Here's the link to my political captive audience proposal: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1555427

Paul

Howard Wasserman

Thanks for putting this together. The constitutional amendments are just silly--carving out a special First Amendment limitation just for corporations is a non-starter. Separate Taxpayers Dollars arguably is unconstitutional under Simon & Schuster--it singles out expressive activity for different treatment from non-expressive activity. Fair Elections Now, if it finally would bring us to (or close to) true public financing, may be the only enactable, constitutional solution of all of these.

Kathy

It's also notable that some of the measures linked in the post, along with many, many others, were introduced by a single lawmaker, without co-sponsorship. Signals to me that some folks wanted to get out front with a political statement before working through the details of a more nuanced proposal that might have some legs.

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