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The Law of Democracy, Legal Structure of the Political Process book cover

This book created the field of the law of democracy, offering a systematic account of the legal construction of American democracy. This edition represents a significant revision that reflects the embattled state of democracy in the U.S. and abroad. With the addition of Franita Tolson as well as Nathaniel Persily to the prior edition, the book now turns to a changed legal environment following the radical reconfiguration of the Voting Rights Act, the rise of social media and circumvention of the formal channels of campaign finance, and the increased fragmentation of political parties. Strikingly, in the current political environment the right to register and vote passes from being a largely historical inquiry to a source of front-burner legal challenge. This edition further streamlines the coverage of the Voting Rights Act, expands the scope of coverage of campaign finance and political corruption issues, and turns to the new dispute over voter access to the ballot. The section on election litigation and remedies has been expanded to address the expanded range of legal challenges to election results. For the first time, this book isolates the distinct problems of presidential elections, ranging from the conflict over federal and state law in Bush v. Gore, to the distinct challenges to the 2020 presidential elections, to the renewed focus on the Electoral Count Act.

The basic structure of the book continues to follow the historical development of the individual right to vote; current struggles over gerrymandering; the relationship of the state to political parties; the constitutional and policy issues surrounding campaign-finance reform; and the tension between majority rule and fair representation of minorities in democratic bodies.

For more information and additional teaching materials, visit the companion site.

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This book created the field of the law of democracy, offering a systematic account of the legal construction of American democracy. This edition represents a significant revision that reflects the embattled state of democracy in the U.S. and abroad.

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During a speech at Stanford University on Thursday, April 21, 2022, former U.S. President Barack Obama presented his audience with a stark choice: “Do we allow our democracy to wither, or do we make it better?”

Over the course of an hour-long address, Obama outlined the threat that disinformation online, including deepfake technology powered by AI, poses to democracy as well as ways he thought the problems might be addressed in the United States and abroad.

“This is an opportunity, it’s a chance that we should welcome for governments to take on a big important problem and prove that democracy and innovation can coexist,” Obama said.

Obama, who served as the 44th president of the United States from 2009 to 2017, was the keynote speaker at a one-day symposium, titled “Challenges to Democracy in the Digital Information Realm,” co-hosted by the Stanford Cyber Policy Center and the Obama Foundation on the Stanford campus on April 21.

The event brought together people working in technology, policy, and academia for panel discussions on topics ranging from the role of government in establishing online trust, the relationship between democracy and tech companies, and the threat of digital authoritarians.

Obama told a packed audience of more than 600 people in CEMEX auditorium – as well as more than 250,000 viewers tuning in online – that everyone is part of the solution to make democracy stronger in the digital age and that all of us – from technology companies and their employees to students and ordinary citizens – must work together to adapt old institutions and values to a new era of information. “If we do nothing, I’m convinced the trends that we’re seeing will get worse,” he said.

Introducing the former president was Michael McFaul, director at the Freeman Spogli Institute for International Studies and U.S. ambassador to Russia under Obama, and Stanford alum and Obama Foundation fellow, Tiana Epps-Johnson, BA ’08.

Epps-Johnson, who is the founder and executive director of the Center for Tech and Civic Life, recalled her time answering calls to an election protection hotline during the 2006 midterm election. She said the experience taught her an important lesson, which was that “the overall health of our democracy, whether we have a voting process that is fair and trustworthy, is more important than any one election outcome.”

Stanford freshman Evan Jackson said afterward that Obama’s speech resonated with him. “I use social media a lot, every day, and I’m always seeing all the fake news that can be spread easily. And I do understand that when you have controversy attached to what you’re saying, it can reach larger crowds,” Jackson said. “So if we do find a way to better contain the controversy and the fake news, it can definitely help our democracy stay powerful for our nation.”

The Promise and Perils Technology Poses to Democracy


In his keynote, Obama reflected on how technology has transformed the way people create and consume media. Digital and social media companies have upended traditional media – from local newspapers to broadcast television, as well as the role these outlets played in society at large.

During the 1960s and 1970s, the American public tuned in to one of three major networks, and while media from those earlier eras had their own set of problems – such as excluding women and people of color – they did provide people with a shared culture, Obama said.

Moreover, these media institutions, with established journalistic best practices for accuracy and accountability, also provided people with similar information: “When it came to the news, at least, citizens across the political spectrum tended to operate using a shared set of facts – what they saw or what they heard from Walter Cronkite or David Brinkley.”

Fast forward to today, where everyone has access to individualized news feeds that are fed by algorithms that reward the loudest and angriest voices (and which technology companies profit from). “You have the sheer proliferation of content, and the splintering of information and audiences,” Obama observed. “That’s made democracy more complicated.”

Facts are competing with opinions, conspiracy theories, and fiction. “For more and more of us, search and social media platforms aren’t just our window into the internet. They serve as our primary source of news and information,” Obama said. “No one tells us that the window is blurred, subject to unseen distortions, and subtle manipulations.”

The splintering of news sources has also made all of us more prone to what psychologists call “confirmation bias,” Obama said. “Inside our personal information bubbles, our assumptions, our blind spots, our prejudices aren’t challenged, they are reinforced and naturally, we’re more likely to react negatively to those consuming different facts and opinions – all of which deepens existing racial and religious and cultural divides.”

But the problem is not just that our brains can’t keep up with the growing amount of information online, Obama argued. “They’re also the result of very specific choices made by the companies that have come to dominate the internet generally, and social media platforms in particular.”

The former president also made clear that he did not think technology was to blame for many of our social ills. Racism, sexism, and misogyny, all predate the internet, but technology has helped amplify them.

“Solving the disinformation problem won’t cure all that ails our democracies or tears at the fabric of our world, but it can help tamp down divisions and let us rebuild the trust and solidarity needed to make our democracy stronger,” Obama said.

He gave examples of how social media has fueled violence and extremism around the world. For example, leaders from countries such as Russia to China, Hungary, the Philippines, and Brazil have harnessed social media platforms to manipulate their populations. “Autocrats like Putin have used these platforms as a strategic weapon against democratic countries that they consider a threat,” Obama said.

He also called out emerging technologies such as AI for their potential to sow further discord online. “I’ve already seen demonstrations of deep fake technology that show what looks like me on a screen, saying stuff I did not say. It’s a strange experience people,” Obama said. “Without some standards, implications of this technology – for our elections, for our legal system, for our democracy, for rules of evidence, for our entire social order – are frightening and profound.”

‘Regulation Has to Be Part of the Answer’


Obama discussed potential solutions for addressing some of the problems he viewed as contributing to a backsliding of democracy in the second half of his talk.

In an apt metaphor for a speech delivered in Silicon Valley, Obama compared the U.S. Constitution to software for running society. It had “a really innovative design,” Obama said, but also significant bugs. “Slavery. You can discriminate against entire classes of people. Women couldn’t vote. Even white men without property couldn’t vote, couldn’t participate, weren’t part of ‘We the People.’”

The amendments to the Constitution were akin to software patches, the former president said, that allowed us to “continue to perfect our union.”

Similarly, governments and technology companies should be willing to introduce changes aimed at improving civil discourse online and reducing the amount of disinformation on the internet, Obama said.

“The internet is a tool. Social media is a tool. At the end of the day, tools don’t control us. We control them. And we can remake them. It’s up to each of us to decide what we value and then use the tools we’ve been given to advance those values,” he said.

The former president put forth various solutions for combating online disinformation, including regulation, which many tech companies fiercely oppose.

“Here in the United States, we have a long history of regulating new technologies in the name of public safety, from cars and airplanes to prescription drugs to appliances,” Obama said. “And while companies initially always complain that the rules are going to stifle innovation and destroy the industry, the truth is that a good regulatory environment usually ends up spurring innovation, because it raises the bar on safety and quality. And it turns out that innovation can meet that higher bar.”

In particular, Obama urged policymakers to rethink Section 230, enacted as part of the United States Communications Decency Act in 1996, which ​​stipulates that generally, online platforms cannot be held liable for content that other people post on their website.

But technology has changed dramatically over the past two decades since Section 230 was enacted, Obama said. “These platforms are not like the old phone company.”

He added: “In some cases, industry standards may replace or substitute for regulation, but regulation has to be part of the answer.”

Obama also urged technology companies to be more transparent in how they operate and “at minimum” should share with researchers and regulators how some of their products and services are designed so there is some accountability.

The responsibility also lies with ordinary citizens, the former president said. “We have to take it upon ourselves to become better consumers of news – looking at sources, thinking before we share, and teaching our kids to become critical thinkers who know how to evaluate sources and separate opinion from fact.”

Obama warned that if the U.S. does not act on these issues, it risks being eclipsed in this arena by other countries. “As the world’s leading democracy, we have to set a better example. We should be able to lead on these discussions internationally, not [be] in the rear. Right now, Europe is forging ahead with some of the most sweeping legislation in years to regulate the abuses that are seen in big tech companies,” Obama said. “Their approach may not be exactly right for the United States, but it points to the need for us to coordinate with other democracies. We need to find our voice in this global conversation.”

 

Transcript of President Obama's Keynote

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President Barack Obama at the “Challenges to Democracy in the Digital Information Realm" conference.
President Barack Obama delivers the keynote address at the “Challenges to Democracy in the Digital Information Realm" conference hosted by the Cyber Policy Center and Obama Foundation.
Andrew Brodhead, Stanford University
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At a conference hosted by the Cyber Policy Center and Obama Foundation, former U.S. President Barack Obama delivered the keynote address about how information is created and consumed, and the threat that disinformation poses to democracy.

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Stanford University

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APARC Predoctoral Fellow, 2021-2022
Stanford Internet Observatory Postdoctoral Fellow, 2022-2023
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Tongtong Zhang joins the Walter H. Shorenstein Asia-Pacific Research Center (APARC) as APARC Predoctoral Fellow for the 2021-2022 academic year. She is a Ph.D candidate at the department of Political Science at Stanford University. Her research focuses on authoritarian deliberation and responsiveness in China.

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Carly Miller
Carly Miller is a research analyst at the Stanford Internet Observatory. She was most recently a Team Lead at the Human Rights Investigations Lab at Berkeley Law School where she worked to unearth patterns of various bad actors’ media campaigns. Carly is interested in combining investigative and digital forensic research with the power of effective policy recommendations.   Carly received her BA with honors in political science from the University of California, Berkeley in May 2019.
Former Research Analyst, Stanford Internet Observatory
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Renée DiResta is the former Research Manager at the Stanford Internet Observatory. She investigates the spread of malign narratives across social networks, and assists policymakers in understanding and responding to the problem. She has advised Congress, the State Department, and other academic, civic, and business organizations, and has studied disinformation and computational propaganda in the context of pseudoscience conspiracies, terrorism, and state-sponsored information warfare.

You can see a full list of Renée's writing and speeches on her website: www.reneediresta.com or follow her @noupside.

 

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The House Permanent Select Committee on Intelligence held a public hearing on Thursday, March 28, 2019, as part of its investigation into Russian influence during and after the 2016 election campaign.

The hearing, "Putin’s Playbook: The Kremlin’s Use of Oligarchs, Money and Intelligence in 2016 and Beyond” included testimony by Michael McFaul, former U.S. Ambassador to Russia and Director of the Freeman Spogli Institute at Stanford University.


Download Complete Testimony (PDF 263 KB)

EXCERPT

To contain and thwart the malicious effects of “Putinism,” the United States government and the American people must first understand the nature of the threat. This testimony focuses onthe nexus of political and economic power within Russia under Putin’s leadership, and how these domestic practices can be used abroad to advance Putin’s foreign policy agenda. Moreover, it is important to underscore that crony capitalism, property rights provided by the state, bribery, and corruption constitute only a few of many different mechanisms used by Putin in his domestic authority and foreign policy abroad.

This testimony proceeds in three parts. Section I describes the evolution of Putin’s system of government at home, focusing in particular on the relationship between the state and big business. Section II illustrates how Putin seeks to export his ideas and practices abroad. Section III focuses on Putin’s specific foreign policy objective of lifting sanctions on Russian individuals and companies.

Watch the C-SPAN recording of the testimony


Media Contact: Ari Chasnoff, Assistant Director for Communications, 650-725-2371, chasnoff@stanford.edu

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Michael McFaul
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Eloise Duvillier

Eloise Duvillier is the Program Manager of the Program on Democracy and the Internet at the Cyber Policy Center. She previously was a HR Program Manager and acting HR Business Partner at Bytedance Inc, a rapidly-growing Chinese technology startup. At Bytedance, she supported the globalization of the company by driving US acquisition integrations in Los Angeles and building new R&D teams in Seattle and Silicon Valley. Prior to Bytedance, she led talent acquisition for Baidu USA LLC’s artificial intelligence division. She began her career in the nonprofit industry where she worked in foster care, HIV education and emergency response during humanitarian crises, as well as helping war-torn communities rebuild. She graduated from University of California, Berkeley with a bachelor’s degree in Development Studies, focusing on political economics in unindustrialized societies.

Program Manager, Program on Democracy and the Internet
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Midterm elections pose an opportunity for hackers interested in disrupting the democratic process

Voter registration systems provide an additional target for hackers intending to disrupt the US midterm elections; if voting machines themselves are too disperse or too obvious a target, removing voters from the rolls could have a similar effect. in Esquire, Jack Holmes explains that election security experts consider this one of many nightmare scenarios facing the American voting public—and thus, American democracy itself—on the eve of the 2018 midterm elections. (Allison Berke, Executive Director of the Stanford Cyber Initiative, quoted.)

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Stanford University
Encina Hall, C147
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Stanford, CA 94305-6055

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Mosbacher Senior Fellow in Global Democracy at the Freeman Spogli Institute for International Studies
William L. Clayton Senior Fellow at the Hoover Institution
Professor, by courtesy, of Political Science and Sociology
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Larry Diamond is the William L. Clayton Senior Fellow at the Hoover Institution, the Mosbacher Senior Fellow in Global Democracy at the Freeman Spogli Institute for International Studies (FSI), and a Bass University Fellow in Undergraduate Education at Stanford University. He is also professor by courtesy of Political Science and Sociology at Stanford, where he lectures and teaches courses on democracy (including an online course on EdX). At the Hoover Institution, he co-leads the Project on Taiwan in the Indo-Pacific Region and participates in the Project on the U.S., China, and the World. At FSI, he is among the core faculty of the Center on Democracy, Development and the Rule of Law, which he directed for six and a half years. He leads FSI’s Israel Studies Program and is a member of the Program on Arab Reform and Development. He also co-leads the Global Digital Policy Incubator, based at FSI’s Cyber Policy Center. He served for 32 years as founding co-editor of the Journal of Democracy.

Diamond’s research focuses on global trends affecting freedom and democracy and on U.S. and international policies to defend and advance democracy. His book, Ill Winds: Saving Democracy from Russian Rage, Chinese Ambition, and American Complacency, analyzes the challenges confronting liberal democracy in the United States and around the world at this potential “hinge in history,” and offers an agenda for strengthening and defending democracy at home and abroad.  A paperback edition with a new preface was released by Penguin in April 2020. His other books include: In Search of Democracy (2016), The Spirit of Democracy (2008), Developing Democracy: Toward Consolidation (1999), Promoting Democracy in the 1990s (1995), and Class, Ethnicity, and Democracy in Nigeria (1989). He has edited or coedited more than fifty books, including China’s Influence and American Interests (2019, with Orville Schell), Silicon Triangle: The United States, China, Taiwan the Global Semiconductor Security (2023, with James O. Ellis Jr. and Orville Schell), and The Troubling State of India’s Democracy (2024, with Sumit Ganguly and Dinsha Mistree).

During 2002–03, Diamond served as a consultant to the US Agency for International Development (USAID) and was a contributing author of its report, Foreign Aid in the National Interest. He has advised and lectured to universities and think tanks around the world, and to the World Bank, the United Nations, the State Department, and other organizations dealing with governance and development. During the first three months of 2004, Diamond served as a senior adviser on governance to the Coalition Provisional Authority in Baghdad. His 2005 book, Squandered Victory: The American Occupation and the Bungled Effort to Bring Democracy to Iraq, was one of the first books to critically analyze America's postwar engagement in Iraq.

Among Diamond’s other edited books are Democracy in Decline?; Democratization and Authoritarianism in the Arab WorldWill China Democratize?; and Liberation Technology: Social Media and the Struggle for Democracy, all edited with Marc F. Plattner; and Politics and Culture in Contemporary Iran, with Abbas Milani. With Juan J. Linz and Seymour Martin Lipset, he edited the series, Democracy in Developing Countries, which helped to shape a new generation of comparative study of democratic development.

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Former Director of the Center on Democracy, Development and the Rule of Law
Faculty Chair, Jan Koum Israel Studies Program
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Senior Fellow, Freeman Spogli Institute for International Studies
Ken Olivier and Angela Nomellini Professor of International Studies, Department of Political Science
Peter and Helen Bing Senior Fellow, Hoover Institution
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Michael McFaul is the Ken Olivier and Angela Nomellini Professor of International Studies in Political Science, Senior Fellow at the Freeman Spogli Institute for International Studies, and the Peter and Helen Bing Senior Fellow at the Hoover Institution, all at Stanford University. He joined the Stanford faculty in 1995 and served as FSI Director from 2015 to 2025. He is also an international affairs analyst for MSNOW.

McFaul served for five years in the Obama administration, first as Special Assistant to the President and Senior Director for Russian and Eurasian Affairs at the National Security Council at the White House (2009-2012), and then as U.S. Ambassador to the Russian Federation (2012-2014).

McFaul has authored ten books and edited several others, including, most recently, Autocrats vs. Democrats: China, Russia, America, and the New Global Disorder, as well as From Cold War to Hot Peace: An American Ambassador in Putin’s Russia, (a New York Times bestseller) Advancing Democracy Abroad: Why We Should, How We Can; and Russia’s Unfinished Revolution: Political Change from Gorbachev to Putin.

He is a recipient of numerous awards, including an honorary PhD from Montana State University; the Order for Merits to Lithuania from President Gitanas Nausea of Lithuania; Order of Merit of Third Degree from President Volodymyr Zelenskyy of Ukraine, and the Dean’s Award for Distinguished Teaching at Stanford University. In 2015, he was the Distinguished Mingde Faculty Fellow at the Stanford Center at Peking University.

McFaul was born and raised in Montana. He received his B.A. in International Relations and Slavic Languages and his M.A. in Soviet and East European Studies from Stanford University in 1986. As a Rhodes Scholar, he completed his D. Phil. in International Relations at Oxford University in 1991. 

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