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In politics, money is speech
Washington Post, by Robert J. Samuelson

Original Article

Posted By:Dreadnought, 4/6/2014 10:41:34 PM

On its present course, the Supreme Court will ultimately overrule its 1976 decision in Buckley v. Valeo, the landmark case upholding campaign finance “reform” legislation. It can’t come too soon, because Buckley expressly ignored the First Amendment’s injunction that “Congress shall make no law .?.?. abridging the freedom of speech.” Instead of free speech, we now have regulated speech that has ensnarled elections in a web of bizarre and opaque rules. Last week, in McCutcheon et al. v. Federal Election Commission, the court began edging away from Buckley by striking down one of its limits on free speech. The details

      


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Reply 1 - Posted by: ruready?, 4/6/2014 10:46:50 PM     (No. 9800447)

There is nothing wrong with having nothing to say - unless you insist on saying it. Take the case of Obamacare, you can spend a billion dollars on advertiseing, but the people don´t want it.

Take the case of the Tea Party - little money, but lots of results in the face of opposition. Go some news for the passionless Wash DC pols and pundits - there is not enough money in the world to change my mind about you guys.

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Reply 2 - Posted by: EQKimball, 4/7/2014 1:15:54 AM     (No. 9800532)

The Court has had a tough time with "speech." Money is speech, nude dancing in a bar is speech, flag burning is speech, and pornography with "socially redeeming content" is speech. Really? In common sense terms, such determinations are the stuff that give a bad name to lawyers, who can debate with a straight face "what the meaning if ´is´ is." Money is not speech, lest the purchase of prostitution is an exercise of the First Amendment having constitutional supremacy over statute. The reason Congress cannot regulate political contributions is that the Constitution is a charter of enumerated powers, and quite simply the regulation iof a citizen´s (or corporation´s) participation in politics is not among of them. When the Court stretches the meaning of words to include the indefensible, it creates a continuing controversy that will not survive the test of time. Much though I agree with the result, what matters most is the Constitutional logic of any decision.

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