Jessica Levinson

Federal laws prohibit expenditures to influence voting, but he has framed his proposal as a promise that will be delivered upon later as an economic incentive.

Jessica Levinson, who teaches election law at Loyola Law School in Marymount University in Los Angeles, said that Mr. Trump's statement did not seem too far afield from a promise to lower taxes.

And Richard Hassan, an election law expert at the University of California, Los Angeles, said Mr. Trump's promise was protected speech under the First Amendment, pointing to Brown v. Hartledge, a unanimous Supreme Court decision from 1982 that struck down the application of a Kentucky law preventing candidates from making monetary promises in return for votes.

Justice William Brennan wrote in the court's opinion that so long as the hoped-for personal benefit is to be achieved through the normal processes of government and not through some private arrangement, it has always been and remains a reputable basis upon which to cast one's ballot.

Instead, they're bringing a right to publicity case.

CBS News legal analyst Jessica Levinson says this case could be one of the industry's first.

Plaintiffs are making a very specific case.

a specific distinction here saying our claim does not depend on copyrighted materials.

Chanel Call, thank you so very much.

I want to bring in CBS News legal contributor Jessica Levinson and CBS News legal analyst Caroline Polisi.

Jessica, we'll have you focus on the prosecution, if you'd be so kind.

And Caroline, you can focus on the defense.

As we just heard from Chanel in Massachusetts, the prosecution has the burden of showing that Lindsay Clancy was criminally culpable, and the standard is very high because she understood the wrongfulness of what she was doing, and she was able to comport her behavior within the law.

And what stood out to me is that everything the prosecution said leading up to this point is trying, of course, to get the jury to believe that to say.

We have a gremlin in the Zoom transmission from Jessica Levinson.

So, Caroline, I'm going to ask you to fill in on the defense side, not just testimony, but the close.

It's the states.

CBS News legal analyst Jessica Levinson says the door is open for future challenges as the US Postal Service unveils new requirements for mail-in ballots this week.

With the legal fight expected to continue, it's unclear what this will ultimately mean for the upcoming midterms now just 70 days away.

Today, voting is underway in South Carolina's GOP primary runoff for the late Senator Lindsey Graham's seat.

It was a split 6-3 decision with all three liberal justices dissenting.

CBS News legal contributor Jessica Levinson joins me now.

Jessica, what did the Supreme Court do and what effect, if anything, will it have on the upcoming midterm elections?

So two great questions.

But again, those questions, as meaty and important as they are, are separate from what's happening today, which is just the Supreme Court saying, basically, we agree with the federal government.

The challenges didn't come to us in the right way and or they're too early, but not ruling on that big, meaty constitutional issue that you just asked me about.

Jessica Levinson, always great stuff.

Thank you so very, very much.

This comes months after the former lawmaker resigned from Congress and ended his bid for governor over multiple allegations of sexual assault and other misconduct from several women.

I spoke with CBS legal analyst Jessica Levinson earlier about why the federal government is getting involved in the case.

We're not looking at an allegation that somebody who happens to be a member of Congress perpetrated an alleged sexual assault.

assault.If there's a federal crime, it would have to be based on the idea that Swalwell, as a member of Congress, used the trappings of that office in order to perpetrate the alleged crimes.