Campaign-Finance Reformers’ First Amendment Problem
Campaign-finance “reformers” think America would be better governed if the government could thoroughly regulate campaign speech, which is speech about the composition and comportment of the government. Reformers scold the Supreme Court for construing the First Amendment as though it says “Congress shall make no law . . . abridging the freedom of speech.” Reformers say government can limit campaign money without limiting what most such money funds — political speech.
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