Author: Jacqueline R. KinneyPublisher:
ISBN:
Category :
Languages : en
Pages : 330
Book Description
Campaign Finance Reform and the First Amendment
Author: Jacqueline R. KinneyPublisher:
ISBN:
Category :
Languages : en
Pages : 330
Book Description
Unfree Speech
Author: Samantha SellingerPublisher: Princeton University Press
ISBN: 1400824710
Category : Political Science
Languages : en
Pages : 301
Book Description
At a time when campaign finance reform is widely viewed as synonymous with cleaning up Washington and promoting political equality, Bradley Smith, a nationally recognized expert on campaign finance reform, argues that all restriction on campaign giving should be eliminated. In Unfree Speech, he presents a bold, convincing argument for the repeal of laws that regulate political spending and contributions, contending that they violate the right to free speech and ultimately diminish citizens' power. Smith demonstrates that these laws, which often force ordinary people making modest contributions of cash or labor to register with the Federal Election Commission or various state agencies, fail to accomplish their stated objectives. In fact, they have worked to entrench incumbents in office, deaden campaign discourse, burden grassroots political activity with needless regulation, and distance Americans from an increasingly professional, detached political class. Rather than attempting to plug "loopholes" in campaign finance law or instituting taxpayer-financed campaigns, Smith proposes a return to core First Amendment values of free speech and an unfettered right to engage in political activity. Smith finds that campaign contributions have little corrupting effect on the legislature and shows that an unrestrained system of contributions and spending actually enhances equality. More money, not less, is needed in the political system, Smith concludes. Unfree Speech draws upon constitutional law and historical research to explain why campaign finance regulation is doomed and to illustrate the potentially drastic costs of efforts to make it succeed. Whatever one thinks about the impact of money on electoral politics, no one should take a final stand without reading Smith's controversial and important arguments.
Citizens Divided
Author: Robert PostPublisher: Harvard University Press
ISBN: 0674729005
Category : Law
Languages : en
Pages : 265
Book Description
First Amendment defenders greeted the Court’s Citizens United ruling with enthusiasm, while electoral reformers recoiled in disbelief. Post offers a constitutional theory that seeks to reconcile these sharply divided camps, and he explains how the case might have been decided in a way that would preserve free speech and electoral integrity.
First Amendment and Campaign Finance Reform After Citizens United
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Civil LibertiesPublisher:
ISBN:
Category : Law
Languages : en
Pages : 184
Book Description
Campaign Finance & American Democracy
Author: David M. PrimoPublisher: University of Chicago Press
ISBN: 022671313X
Category : Political Science
Languages : en
Pages : 279
Book Description
In recent decades, and particularly since the US Supreme Court’s controversial Citizens United decision, lawmakers and other elites have told Americans that stricter campaign finance laws are needed to improve faith in the elections process, increase trust in the government, and counter cynicism toward politics. But as David M. Primo and Jeffrey D. Milyo argue, politicians and the public alike should reconsider the conventional wisdom in light of surprising and comprehensive empirical evidence to the contrary. Primo and Milyo probe original survey data to determine Americans’ sentiments on the role of money in politics, what drives these sentiments, and why they matter. What Primo and Milyo find is that while many individuals support the idea of reform, they are also skeptical that reform would successfully limit corruption, which Americans believe stains almost every fiber of the political system. Moreover, support for campaign finance restrictions is deeply divided along party lines, reflecting the polarization of our times. Ultimately, Primo and Milyo contend, American attitudes toward money in politics reflect larger fears about the health of American democracy, fears that will not be allayed by campaign finance reform.
Politics and the Online Marketplace
Author: Courtney Anne BarclayPublisher:
ISBN:
Category :
Languages : en
Pages :
Book Description
ABSTRACT: Given the increasing importance of the Internet in political communication, it is imperative to determine whether the current legal structure intended to protect the integrity of the electoral system also adequately protects free speech. The Federal Election Commission adopted rules to regulate paid online, mediated political activities under the campaign finance laws. Although these have not been litigated, previous case law analyzing other campaign finance laws and regulations under First Amendment challenges will provide a guide for evaluating the current regulations. Because campaign finance laws act as a restriction on speech, these laws must be analyzed under a First Amendment framework. To begin this analysis, it is necessary to engage in a historical overview of the evolution of campaign finance laws, which has largely followed a self-governance theory of the First Amendment. Analyzing the existing U.S. Supreme Court jurisprudence that has resolved First Amendment free speech challenges to the campaign finance laws provides insight into how the Internet may be factored into the current paradigm for campaign finance reform--or whether the Internet may contribute to a shift in controlling paradigms. Additionally, the Federal Election Commission's approach to regulating online campaign communications must be explicated through its advisory opinions and rulemakings. This analysis is the foundation for determining whether the current Federal Election Commission regulations adequately protect First Amendment values. My study focused on the First Amendment impacts of campaign finance laws and whether the current constitutional framework should be used for campaign speech on the Internet in the same that it is used for the traditional mass media. My dissertation did not focus on the effectiveness of the laws in preventing corruption except as it relates to the discussion of the balance between that interest and the First Amendment.
When Money Speaks
Author: Ronald CollinsPublisher: Top Five Books LLC
ISBN: 1938938143
Category : Law
Languages : en
Pages : 319
Book Description
“A brilliant discussion of campaign finance in America…a must for all who care about the American political system.” —Erwin Chemerinsky “Thorough, dispassionate, and immensely readable.” —Floyd Abrams On April 2, 2014, the U.S. Supreme Court struck down aggregate limits on how much money individuals could contribute to political candidates, parties, and committees. The McCutcheon v. FEC decision fundamentally changes how people (and corporations, thanks to Citizens United) can fund campaigns, opening the floodgates for millions of dollars in new spending, which had been curtailed by campaign finance laws going back to the early 1970s. When Money Speaks is the definitive—and the first—book to explain and dissect the Supreme Court’s controversial ruling in McCutcheon, including analysis of the tumultuous history of campaign finance law in the U.S. and the new legal and political repercussions likely to be felt from the Court’s decision. McCutcheon has been billed as “the sequel to Citizens United,” the decision giving corporations the same rights as individuals to contribute to political campaigns. Lauded by the Right as a victory for free speech, and condemned by the Left as handing the keys of our government to the rich and powerful, the Court’s ruling has inflamed a debate that is not going to go away anytime soon, with demands for new laws and even a constitutional amendment on the Left—while many on the Right (including Justice Clarence Thomas in his concurring opinion) call for an end to all contribution limits. Two of the nation’s top First Amendment scholars—Ronald Collins and David Skover—have produced a highly engaging, incisive account of the case, including exclusive interviews with petitioner Shaun McCutcheon and other key players, as well as an eye-opening history of campaign finance law in the U.S.
The Constitution and Campaign Finance Reform
Author: Frederick Gilbert SlabachPublisher:
ISBN:
Category : Law
Languages : en
Pages : 638
Book Description
This new edition assembles the scholarship of some of the most prominent critics and supporters of jurisprudence on the U.S. Constitution and campaign finance. Contributors include academics, judges, reform advocates and practitioners, including Columbia law professor Richard Briffault, Chicago law professor Case R. Sunstei, former FCC Commission Chairman Reed Hundt, Democracy 21 president Fred Wertheimer, and former U.S. Court of Appeals for the D.C. Circuit Judge J. Skelly Wright. Among many important topics, the new edition discusses the concept of money as speech, the possible compelling state interests necessary to justify government limitations, and various alternative methods of regulating campaign finance. The new edition includes discussions of the 2002 Bipartisan Campaign Reform Act (the so-called McCain-Feingold Legislation), the 2003 U.S. Supreme Court decision in McConnell v. FEC, and entities organized under Internal Revenue Code section 527. The organization of the materials allows the addition of campaign finance module for existing Constitutional Law, Election Law, First Amendment, and Political Science courses or the creation of a separate course on this important subject. "A well-rounded collection of contrasting arguments." -- Law & Politics Book Review
Free Speech and Campaign Finance Reform
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on the ConstitutionPublisher:
ISBN:
Category : Political Science
Languages : en
Pages : 208
Book Description
The Fallacy of Campaign Finance Reform
Author: John SamplesPublisher: University of Chicago Press
ISBN: 0226734633
Category : Political Science
Languages : en
Pages : 391
Book Description
At first glance, campaign finance reform looks like a good idea. McCain-Feingold, for instance, regulates campaigns by prohibiting national political parties from accepting soft money contributions from corporations, labor unions, and wealthy individuals. But are such measures, or any of the numerous and similarly restrictive proposals that have circulated through Washington in recent years, really good for our democracy? John Samples says no, and here he takes a penetrating look into the premises and consequences of the long crusade against big money in politics. How many Americans, he asks, know that there is little to no evidence that campaign contributions really influence members of Congress? Or that so-called negative political advertising actually improves the democratic process by increasing voter turnout and knowledge? Or that limits on campaign contributions make it harder to run for office, thereby protecting incumbent representatives from losing their seats of power? Posing tough questions such as these, Samples uncovers numerous fallacies beneath proposals for campaign finance reform. He argues that our most common concerns about money in politics are misplaced because the ideals implicit in our notion of corruption are incoherent or indefensible. The chance to regulate money in politics allows representatives to serve their own interests at a cost to their constituents. And, ironically, this long crusade against the corruption caused by campaign contributions allows public officials to reduce their vulnerability by suppressing electoral competition. Defying long-held ssumptions and conventional political wisdom, The Fallacy of Campaign Finance Reform is a provocative and decidedly nonpartisan work that will be essential for anyone concerned about the future of American government.