Monday, October 26, 2009

The First Amendment v. Campaign Regulations

The Supreme Court has been veering towards eliminating most restrictions on campaign finance. This illustrates a variety of subjects we've covered in both 2301 and 2302.

From the National Journal:

For years, First Amendment champions have argued that all campaign finance rules tread on free speech and that American elections should be completely deregulated.

It's a sweeping premise that Congress has long rejected in favor of ever-tighter political money limits. But thanks to a sharp right turn in the judiciary, from the Supreme Court on down, those who favor a world without rules may be about to get their wish.

The Supreme Court appears poised to reverse a century-old ban on direct campaign expenditures by corporations large and small. A federal appeals court has rejected Federal Election Commission rules that restrict spending by non-party political groups, such as so-called 527 organizations -- a move that the FEC is prepared to let stand. And two other cases challenging the existing limits on soft (unregulated) money and on independent campaign expenditures are wending their way up to the Supreme Court . . .

Relevant topics include:

- Checks and Balances - the Supreme Court seems set to over turn legislation dating back 100 years (The Tillman Act of 1970)
- Civil Liberties - how do we define free speech? do corporations have free speech rights?
- Interest group influence on the democratic process - can democracy survive a public sector dominated by corporate interests
- Judicial Activism - is the Supreme Court acting within its proper boundaries or is it aggressively imposing its view of proper public policy on the other institutions.