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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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