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5 - Campaign Finance

Contesting Voters’ Cognitive Capacities

Published online by Cambridge University Press:  06 July 2023

Jacob Eisler
Affiliation:
University of Southampton
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Summary

Since Buckley v. Valeo, campaign finance jurisprudence has been riven by the constitutional limits on the regulation of funded campaign speech. The Court’s enduring but unpopular compromise that contributions can be limited to prevent corruption but that the right to free speech prevents the restriction of expenditures has been assailed as both too restrictive and insufficiently robust. The debate is typically cast as a straightforward question of which source of power is the greater threat: plutocratic wealth that can corrupt leaders, or a state that can oppress its citizens. However, this intractable conflict can be unified by considering democratic governance as a matter of constituent self-rule. Neither private nor state influence over campaign media overdetermines the results of elections; both operate to influence voters. The critical question is what poses the greater threat to voter cognition and preference development. This observation, framed by a Kantian understanding of free will, captures the true core of the judicial debates – contestation over what circumstances pose the greatest threat to the autonomy of voter preference formation.

Type
Chapter
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The Law of Freedom
The Supreme Court and Democracy
, pp. 158 - 199
Publisher: Cambridge University Press
Print publication year: 2023

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  • Campaign Finance
  • Jacob Eisler, University of Southampton
  • Book: The Law of Freedom
  • Online publication: 06 July 2023
  • Chapter DOI: https://doi.org/10.1017/9781108304269.007
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  • Campaign Finance
  • Jacob Eisler, University of Southampton
  • Book: The Law of Freedom
  • Online publication: 06 July 2023
  • Chapter DOI: https://doi.org/10.1017/9781108304269.007
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Campaign Finance
  • Jacob Eisler, University of Southampton
  • Book: The Law of Freedom
  • Online publication: 06 July 2023
  • Chapter DOI: https://doi.org/10.1017/9781108304269.007
Available formats
×