Policy Paper — 2001

By Erik S. Jaffe

McCain-Feingold represents a frontal assault on a variety of First Amendment principles, some, but not all, discussed in this paper. Because Buckley and its progeny are under attack from both supporters and opponents of campaign finance restrictions, and because the Supreme Court may well move in a new direction when next called to confront these issues, anyone concerned with individual freedom must consider the First Amendment issues from the perspective of first principles. Click Here to download the Book (pdf)

Commerce Clause in Cyberspace

By Renee L. Giachino, General Counsel, Center for Individual Freedom

This paper will address potential dormant Commerce Clause restrictions on state attempts to regulate e-commerce and other activities over the Internet. In a world without borders, the Internet facilitates an explosion of online retail opportunities, as more commerce is moving onto the Internet. Despite the borderless nature of the Internet, hundreds of laws concerning the Internet and e-commerce have been passed over the last few years. This patchwork of state, national and international laws and regulations threaten continued growth of e-commerce. Many of these statutes on their face discriminate against out-of-state commerce and place a burdensome "chilling effect" on interstate and international e-commerce. The problems facing e-commerce suggest the extreme need for a cautious approach to state and national regulation of commercial Internet activity...[more]n

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Policy Papers: 2001 • 2002 • 2003