Independent expenditures are defined under the Federal Election Campaign Act (FECA) as expenditures for communications that expressly advocate the election or defeat of a clearly identified candidate. To be independent, these expenditures must be made without prior consultation, suggestion, request, or coordination with the candidate on whose behalf these expenditures are made.3 Independent expenditures were the subject of much public comment in 1980 as a result of highly publicized activities in connection with senatorial races by certain political action committees, the most prominent of which was the National Conservative Political Action Committee (NCPAC). Early in the campaign NCPAC targeted certain liberal senators for defeat and then made substantial independent expenditures to advocate their defeat.
Voting rights advocates should explore section 11(b) of the Voting Rights Act as a vehicle to combat voter intimidation.
An evidentiary privilege to protect workers' confidential communications from disclosure in federal and state court proceedings would support unions.
Labor organizing privilege is not a magic bullet that will secure the rights of workers to organize and collectively bargain. Employers will continue to resist the efforts of their workers to organize.
"It's important to note that scholars have long observed that political discourse and political events can contribute to the frequency of bias incidents. In fact, this phenomenon has a name today. It's called the Trump Effect."