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13 - Campaign Finance Regulation

from Part IV - Current Controversies

Published online by Cambridge University Press:  30 April 2022

Len Niehoff
Affiliation:
University of Michigan Law School
E. Thomas Sullivan
Affiliation:
University of Vermont
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Summary

Some of the greatest challenges in interpreting the free speech clause of the First Amendment have come in the field of campaign finance regulation. It is arguably the doctrinal area where we see the Court’s most extreme swings, overruling established precedent and ignoring empirical realities because of ideological shifts among its members. Furthermore, as we will see, the Court’s missteps began early: by initially framing the campaign finance debate as one focused on problems of “corruption,” the Court foreclosed a more nuanced understanding of the influence of money in politics.

Type
Chapter
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Free Speech
From Core Values to Current Debates
, pp. 160 - 174
Publisher: Cambridge University Press
Print publication year: 2022

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