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Free Speech And Campaign Finance Reform
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Download or read book Unfree Speech written by Bradley A. Smith and published by Princeton University Press. This book was released on 2009-02-09 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author :United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution Publisher : ISBN 13 : Total Pages :212 pages Book Rating :4.F/5 ( download)
Book Synopsis Free Speech and Campaign Finance Reform by : United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution
Download or read book Free Speech and Campaign Finance Reform written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 1997 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Money and Free Speech by : Melvin I. Urofsky
Download or read book Money and Free Speech written by Melvin I. Urofsky and published by . This book was released on 2005 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Money greases the wheels of American politics from the local level to the White House. In the 2004 presidential campaign, President George W. Bush alone raised nearly $400 million in private and public funds—nearly twenty times the combined total raised by John Kennedy and Richard Nixon in 1960—to defeat challenger John F. Kerry, further fueling anxiety over the power of money to dictate political results. Melvin Urofsky, one of our nation's most respected legal historians, takes a fresh look at efforts to rein in campaign spending and counter efforts in the courts to preserve the status quo. He offers a thoughtful and balanced overview of campaign finance reform and the legal responses to it, from the Progressive era through the Supreme Court's landmark ruling in McConnell v. FEC (2003) and its impact on the 2004 election. Urofsky focuses especially on the 1971 Federal Election Campaign Act and 2002 McCain-Feingold or Bipartisan Campaign Reform Act (BCRA), and on challenges to both in the Supreme Court. In Buckley v. Valeo (1976), the Court upheld contribution limits but struck down expenditure caps on First Amendment grounds. In McConnell it upheld the key provisions of McCain-Feingold. In both cases, however, opponents argued that congressional control of campaign financing was an unconstitutional infringement of the free speech rights of campaign contributors. Urofsky deftly steers the reader through this contentious and complex history, revealing how both Congress and the courts have navigated uneasily between the Scylla of potential corruption and the Charybdis of suppressing political speech. Ironically, despite the Court's decision upholding McCain-Feingold, the 2004 presidential election was the most expensive in history—because, as Urofsky notes, money is the mother's milk of politics and both candidates and donors will always find ways to keep it flowing. His book provides an excellent and succinct guide to the controversies and historical debates emerging from that fact.
Book Synopsis Expression Vs. Equality by : J. Tobin Grant
Download or read book Expression Vs. Equality written by J. Tobin Grant and published by Ohio State University Press. This book was released on 2004 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Expression vs. Equality, J. Tobin Grant and Thomas J. Rudolph argue that although public opinion plays a vital role in judicial rulings on the legalities of various finance reform options, political scientists have yet to realize fully the complexities and nuances of public attitudes toward campaign financing. The issue of campaign finance reform exposes a real conflict between the core democratic values of equality and expression. Economic inequalities, reformers argue, allow certain groups and individuals to exert undue influence in the political process, thereby threatening the democratic value of political equality. Opponents tend to frame the issue as a question of free speech: restrictions on campaign contributions are viewed as a threat to the democratic value of political expression. In the context of campaign finance, how do committed Americans rank the importance of equality and expression? How do they resolve the conflict between these competing democratic values? The answers to these questions, say the authors, depend heavily on whose influence and whose rights are perceived to be at stake. Using a series of unique experiments embedded in a national survey of the American electorate, they find that citizens' commitment to the values of expression and equality in the campaign finance system is strongly influenced by their feelings or affect toward those whose rights and influence are perceived to be at stake. Freedom of speech is more highly valued in contexts where the respondent agrees with the issue in question; equity, on the other hand, is more highly valued when the respondent disagrees with the issue. These findings have implications not only for the continuingpublic debate over campaign finance reform, but also for our understanding of how citizens make tradeoffs between competing democratic values.
Book Synopsis Money, Power, and Elections by : Rodney A. Smith
Download or read book Money, Power, and Elections written by Rodney A. Smith and published by LSU Press. This book was released on 2014-04-07 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Have campaign finance reform laws actually worked? Is money less influential in electing candidates today than it was thirty years ago when legislation was first enacted? Absolutely not, argues Rodney A. Smith in this passionately written, fact-filled, and provocative book. According to Smith, the laws have had exactly the opposite of their intended effect. They have increased the likelihood that incumbents in the House and Senate will be reelected, and they have greatly diminished the chances that candidates who are not wealthy will be elected. Smith's claims are supported by convincing data; he collected and analyzed information about all federal elections since 1920. These data show clearly that money matters now more than ever. Smith thinks that reform legislation has created a new inequality for candidates that, if left unchecked, threatens to destroy the American electoral process by obliterating the foundational principle of free speech. He argues that "money buys speech" and when candidates lack money to buy media time and space they are effectively silenced. Their inability to "speak freely" violates the most significant intentions of our nation's founders: that a sovereign citizenry elect its own leaders based on a free exchange of ideas. For Smith, campaign finance reform has unwittingly unbalanced the checks and balances created by the Framers of the Constitution.After presenting a detailed historical overview of how we have reached the present crisis, Smith proposes a simple solution: institute a process that completely discloses relevant information about campaign donors and recipients of donations. All disclosures would be available to the media, which would be able to investigate and report them fully. Only then, Smith believes, will the United States have the opportunity to be the democratic republic that its founders intended.
Author :United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Civil Liberties Publisher : ISBN 13 : Total Pages :182 pages Book Rating :4.3/5 (91 download)
Book Synopsis First Amendment and Campaign Finance Reform After Citizens United by : United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Civil Liberties
Download or read book First Amendment and Campaign Finance Reform After Citizens United written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Civil Liberties and published by . This book was released on 2010 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Campaign Finance and American Democracy by : David M. Primo
Download or read book Campaign Finance and American Democracy written by David M. Primo and published by University of Chicago Press. This book was released on 2020-10-19 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Fallacy of Campaign Finance Reform by : John Samples
Download or read book The Fallacy of Campaign Finance Reform written by John Samples and published by University of Chicago Press. This book was released on 2008-09-15 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Appearance of Corruption by : Daron R. Shaw
Download or read book The Appearance of Corruption written by Daron R. Shaw and published by Oxford University Press, USA. This book was released on 2021 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The sanctity of political speech is a key element of the U.S. Constitution and a cornerstone of the American republic. When the Supreme Court linked political speech to campaign finance in its landmark Buckley v. Valeo (1976) decision, the modern era of campaign finance regulation was born. In practical terms, this decision meant that in order to pass constitutional muster, any laws limiting money in politics must be narrowly-tailored and serve a compelling state interest. The lone state interest the Court was willing to entertain was the mitigation of corruption. In order to reach this argument the Court advanced a sophisticated behavioral model, one with key assumptions about how laws will affect voters' opinions and behavior. These assumptions have received surprisingly little attention in the literature. This book takes up the task of identifying and analyzing empirically the Court's presumed links between campaign finance regulations and political opinions and behavior. In so doing, we rely on original survey data and experiments from 2009-2016 to openly confront the question of what happens when the Supreme Court is wrong, and when the foundation of over 40 years of jurisprudence is simply not true"--
Book Synopsis When Money Speaks by : Ronald Collins
Download or read book When Money Speaks written by Ronald Collins and published by Top Five Books LLC. This book was released on 2014-04-03 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: “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.
Book Synopsis Money, Politics, and the Constitution by : Monica Youn
Download or read book Money, Politics, and the Constitution written by Monica Youn and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A brilliant collection of essays on one of the most important contemporary constitutional issues: when can and should the government be able to regulate campaign spending? Each essay offers original insights, and together they are a superb examination of the intersection of politics and constitutional law. If there is to be a new jurisprudence in this area, this book is likely its foundation."--Erwin Chemerinsky, founding dean, School of Law, University of California-Irvine In the U.S. Supreme Court case Citizens United v. Federal Election Commission, five justices ruled that corporations and unions had a constitutional right to spend unlimited sums in elections. In so doing, they overturned decades of precedent and dozens of laws. The ruling earned banner headlines, a sharp State of the Union rebuke, and public disapproval hovering near 80 percent in the polls. In the 2010 election that followed, independent spending spiked, much of it done secretly. The decision ranks among the Court's most controversial and consequential. This volume is an attempt to map out the complex labyrinth that led to Citizens United and to explore where this decision may lead. The chapters in it arose from a symposium sponsored by NYU's Brennan Center for Justice just nine weeks after the Citizens United decision was announced.
Download or read book Republic, Lost written by Lawrence Lessig and published by Twelve. This book was released on 2015-10-20 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revised and updated for the 2016 election with 75% new material. In an era when special interests funnel huge amounts of money into our government-driven by shifts in campaign-finance rules and brought to new levels by the Supreme Court in Citizens United v. Federal Election Commission-trust in our government has reached an all-time low. More than ever before, Americans believe that money buys results in Congress, and that business interests wield control over our legislature. With heartfelt urgency and a keen desire for righting wrongs, Harvard law professor Lawrence Lessig takes a clear-eyed look at how we arrived at this crisis: how fundamentally good people, with good intentions, have allowed our democracy to be co-opted by outside interests, and how this exploitation has become entrenched in the system. Rejecting simple labels and reductive logic-and instead using examples that resonate as powerfully on the Right as on the Left-Lessig seeks out the root causes of our situation. He plumbs the issues of campaign financing and corporate lobbying, revealing the human faces and follies that have allowed corruption to take such a foothold in our system. He puts the issues in terms that nonwonks can understand, using real-world analogies and real human stories. And ultimately he calls for widespread mobilization and a new Constitutional Convention, presenting achievable solutions for regaining control of our corrupted-but redeemable-representational system. In this way, Lessig plots a roadmap for returning our republic to its intended greatness. While America may be divided, Lessig vividly champions the idea that we can succeed if we accept that corruption is our common enemy and that we must find a way to fight against it. In REPUBLIC, LOST, he not only makes this need palpable and clear-he gives us the practical and intellectual tools to do something about it.
Book Synopsis Democracy by the People by : Timothy K. Kuhner
Download or read book Democracy by the People written by Timothy K. Kuhner and published by Cambridge University Press. This book was released on 2018-11-29 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduces citizens to solutions for reforming the American campaign finance system.
Author :United States. Congress. House. Committee on House Administration Publisher : ISBN 13 : Total Pages :64 pages Book Rating :4.:/5 (327 download)
Book Synopsis Hearing on campaign finance reform by : United States. Congress. House. Committee on House Administration
Download or read book Hearing on campaign finance reform written by United States. Congress. House. Committee on House Administration and published by . This book was released on 2003 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Federal Election Campaign Laws by : United States
Download or read book Federal Election Campaign Laws written by United States and published by . This book was released on 1980 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Limits and Loopholes by : Victoria A. Farrar-Myers
Download or read book Limits and Loopholes written by Victoria A. Farrar-Myers and published by SAGE. This book was released on 2008 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the authors of Legislative Labyrinth: Congress and Campaign Finance Reform. Elections, the basic mechanism of representative democracy, should be untainted by corruption and provide a platform for free speech. But running for office takes money—a lot of it, usually—which means campaign finance has become a pitched battle over the fundamental political values of free speech versus fair elections. With insiders' perspectives, Farrar-Myers and Dwyre tell the story of what it took to pass campaign finance legislation, provide analysis of the subsequent court action, and explore the regulatory and electoral outcomes of reform efforts. Limits and Loopholes is a story about incremental policymaking and inter-branch struggle, about institutional design and unintended consequences, about the influence of interest groups and the media, and about the health of our representative democracy. Bringing together discussions of core values and the policymaking process, this book serves as an excellent case study that traces an issue from inception, through legislation and litigation, and finally to implementation.
Book Synopsis Regulating Campaign Finance by : Lloyd N. Cutler
Download or read book Regulating Campaign Finance written by Lloyd N. Cutler and published by Sage Publications (CA). This book was released on 1986 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1889, The American Academy of Political and Social Science has served as a forum for the free exchange of ideas among the well informed and intellectually curious. In this era of specialization, few scholarly periodicals cover the scope of societies and politics like The ANNALS . Each volume is guest edited by outstanding scholars and experts in the topics studied and presents more than 200 pages of timely, in-depth research on a significant topic of concern-- http://ann.sagepub.com.
