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104 Minn. L. Rev. Headnotes 1 (2020)

handle is hein.journals/headnotpan104 and id is 1 raw text is: Essay Campaign Finance Issues in Election Communications: An Explanation of the Current Legal Standard and Modern Trends Tammera R. Diehm,t Katherine A. Johnson,tt and Jordan E. Mogensenit INTRODUCTION The increasing prominence of Facebook and other social me- dia space as the new frontier in election communication and ad- vertising has inspired a renewed discussion of campaign finance regulations in the American electoral process. Supreme Court jurisprudence in the realm of election-related regulation has of- ten highlighted the U.S. government's special, heightened inter- est in structuring and protecting the integrity of the electoral process.1 Defining the bounds of what constitutes the electoral process has important legal implications in discerning the reach of laws designed to protect it. Clearly, voting is an example of a pure political process activity, plainly falling within the arena of heightened regulatory interest.2 Yet, the line is less clear with regard to campaign finance regulations. The distinction between campaign spending and other political expression is important because while political expression is protected speech, spending activities that constitute express advocacy are subject to a series t Tammera R. Diehm is a Shareholder at Winthrop & Weinstine, P.A. Copyright c 2020 by Tammera R. Diehm. tt Katherine A. Johnson is a Managing Associate at Winthrop & Wein- stine, P.A. Copyright © 2020 by Katherine A. Johnson. ttt Jordan E. Mogensen is an Associate at Winthrop & Weinstine, P.A. Copyright c 2020 by Jordan E. Mogenson. 1. See Citizens United v. FEC, 558 U.S. 310, 396, 422 (2010) (Stevens, J., concurring in part and dissenting in part). 2. Daniel I. Weiner & Benjamin T. Brickner, Electoral Integrity in Cam- paign Finance Law, 20 NYU J. LEGIS. & PUB. POL'Y 101, 139 (2017).

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