Do States Have the Authority to Regulate Foreign Influence in Politics and Government Policy?

States have ventured into a realm historically reserved for the federal government — addressing the risk of foreign influence in the U.S. — by enacting “FARA-Lite” disclosure laws and foreign-contribution bans, raising serious questions under the doctrine of federal preemption. Partner Ki Hong and associates Alexa Santry and Kirin Gupta examine how these state laws differ from federal statutes, the legal vulnerabilities they face under preemption doctrines and the uncertain future of state efforts to regulate foreign influence.