Your weekly source for analysis and insight from experts at the Brennan Center for Justice
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The Briefing
The last weeks of the 2016 election were awash in fake news — actual fake news, as in, made up. “The Pope Endorses Donald Trump.” Pizzagate. All that may seem quaint. This November’s election will unfold in a maelstrom of misinformation, anger, and confusion, all amplified by the coronavirus pandemic. Much will be spread by candidates, parties, and (ahem) presidents. How can the media and the public get ready to sort the facts from the froth?
Brennan Center Counsel Max Feldman has assessed eight lies, misconceptions, and false arguments
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that we think voters will have to contend with in 2020. These dirty tricks, often spread by elected leaders themselves, can undercut trust in the vote, inflame partisan tensions, and destabilize our democracy, and that goes doubly during a pandemic.
Democracy
A Win for Public Financing at the Supreme Court
In some good news for reformers working to combat political corruption and empower small donors, the Supreme Court has refused to hear a challenge to Seattle’s “democracy voucher” program providing public financing for local elections. Ten years after Citizens United, “reformers should take comfort in the fact that the Supreme Court still allows for public financing systems,” writes Brennan Center Fellow Ciara Torres-Spelliscy. “Other cities and states should follow Seattle’s lead.” // Read More
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Is Online Voting the Answer this Year?
Delaware, New Jersey, and West Virginia are planning to allow overseas military personnel and voters with disabilities to return their ballots electronically this year. But is internet voting the answer to the challenges that Covid-19 poses to voting? “There couldn’t be a worse time to try this when there is so much change happening in our elections because of Covid-19,” Lawrence Norden told the Hill. “To layer on top of that the complexity and security challenges allowing people to vote over the internet is too high a security risk at this time.” // The Hill
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Justice
Fighting Coronavirus in Rural Communities by Protecting Incarcerated People
The coronavirus pandemic poses a unique threat to rural America and its prisons. Nearly 70 percent of U.S. prisons are located outside of metropolitan areas, while 40 percent are located in counties with less than 50,000 residents and an average of 2.5 ICU beds per county. “Congress should prioritize the provision of medical relief to rural communities in its next stimulus bill,” write Sunwoo Oh and Kayla Abrams. “Neglecting this responsibility will jeopardize the health and lives of incarcerated people in rural counties — and of the people who work and live near rural prisons across the country.” // Read More
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6% of American Adults Have Court-Related Debt
For the first time, a Federal Reserve Board survey included questions about the repercussions of legal debt, finding that 6 percent of adults have debt from court costs and legal fees. “The Federal Reserve is the definitive authority on economic conditions in the country,” says Lauren-Brooke Eisen. “So the fact that they recognized that court costs and legal fees can affect American households, and for years after they incur these debts, is hugely significant.” // ABA Journal
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Constitution
Surprising Senate Vote Signals New Hope for Surveillance Reform
Last week was a good one for civil liberties in the Senate. Lawmakers voted on the three amendments that would strengthen privacy protections in the USA Freedom Reauthorization Act, a bill passed by the House in March to renew certain provisions of the Foreign Intelligence Surveillance Act (FISA). “Even though only one amendment passed, two of them did far better than expected, paving the way for the House to pass a better bill — and for Congress to enact stronger privacy protections in the future,” writes Elizabeth Goitein. // Read More
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Trump’s Emergency Declaration
Andrew Boyle was on Building a New America with Jonathan Arias to discuss Trump’s emergency declaration. They take a deep dive into this unique moment in history and what President Trump can and can’t do with his emergency powers. // Listen
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News
Lauren-Brooke Eisen on coronavirus in prisons // Los Angeles Times
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Elizabeth Goitein on the balance between public health and individual liberties // USA Today
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Douglas Keith on the fairness of online courts // WNYC
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Myrna Pérez on the Postal Service’s struggles and voting by mail // Pew
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Yurij Rudensky on Missouri’s discriminatory redistricting proposal // AP
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Wendy Weiser on preparing for the November election // Vanity Fair
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Have an issue you'd like us to cover? Feedback on this newsletter? Email us at
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The Brennan Center for Justice at NYU School of Law is a nonpartisan law and policy institute that works to reform, revitalize – and when necessary defend – our country’s systems of democracy and justice.
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