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Author: Ralph Wilson
Publisher: Pluto Press (UK)
ISBN: 9780745343020
Category :
Languages : en
Pages : 224
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Book Description
The demand for free speech on campus is a distraction, we need to follow the money
Author: Ralph Wilson
Publisher: Pluto Press (UK)
ISBN: 9780745343020
Category :
Languages : en
Pages : 224
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Book Description
The demand for free speech on campus is a distraction, we need to follow the money
Author: Derek Cressman
Publisher: National Geographic Books
ISBN: 1626565767
Category : Political Science
Languages : en
Pages : 0
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Book Description
Special-interest money is destroying our democratic process. But now that the Citizens United decision has thrown out campaign spending limits as abridgments of free speech, Americans want to know what they can do about it. Derek Cressman gives us the tools, both intellectual and tactical, to fight back. There’s nothing inherently unconstitutional in limiting the amount of speech, Cressman insists. We do it all the time—for example, cities control when and where demonstrations can take place or how long people can speak at council meetings. Moreover, he argues that while you choose to patronize Fox News, MSNBC, the New York Times, or the Wall Street Journal, political advertising is forced upon you. It’s not really free speech at all—it’s paid speech. It’s not at all what the Founders had in mind when they wrote the First Amendment. Cressman examines how courts have foiled attempts to limit campaign spending, details what a constitutional amendment limiting paid speech should say, and reveals an overlooked political tool concerned citizens can use to help gain the amendment’s passage. Seven times before in our history we have approved constitutional amendments to overturn wrongheaded rulings by the Supreme Court—there’s no reason we can’t do it again.
Author: Derek Cressman
Publisher: Berrett-Koehler Publishers
ISBN: 1626565775
Category : History
Languages : en
Pages : 241
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Book Description
Examines how courts have foiled attempts to limit campaign spending, details what a constitutional amendment limiting paid speech should say, and reveals an overlooked political tool concerned citizens can use to help gain the amendment's passage.
Author: Bradley A. Smith
Publisher: Princeton University Press
ISBN: 1400824710
Category : Political Science
Languages : en
Pages : 320
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Book Description
At a time when campaign finance reform is widely viewed as synonymous with cleaning up Washington and promoting political equality, Bradley Smith, a nationally recognized expert on campaign finance reform, argues that all restriction on campaign giving should be eliminated. In Unfree Speech, he presents a bold, convincing argument for the repeal of laws that regulate political spending and contributions, contending that they violate the right to free speech and ultimately diminish citizens' power. Smith demonstrates that these laws, which often force ordinary people making modest contributions of cash or labor to register with the Federal Election Commission or various state agencies, fail to accomplish their stated objectives. In fact, they have worked to entrench incumbents in office, deaden campaign discourse, burden grassroots political activity with needless regulation, and distance Americans from an increasingly professional, detached political class. Rather than attempting to plug "loopholes" in campaign finance law or instituting taxpayer-financed campaigns, Smith proposes a return to core First Amendment values of free speech and an unfettered right to engage in political activity. Smith finds that campaign contributions have little corrupting effect on the legislature and shows that an unrestrained system of contributions and spending actually enhances equality. More money, not less, is needed in the political system, Smith concludes. Unfree Speech draws upon constitutional law and historical research to explain why campaign finance regulation is doomed and to illustrate the potentially drastic costs of efforts to make it succeed. Whatever one thinks about the impact of money on electoral politics, no one should take a final stand without reading Smith's controversial and important arguments.
Author: Ronald Collins
Publisher: Top Five Books LLC
ISBN: 1938938143
Category : Law
Languages : en
Pages : 224
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Book Description
“A brilliant discussion of campaign finance in America…a must for all who care about the American political system.” —Erwin Chemerinsky “Thorough, dispassionate, and immensely readable.” —Floyd Abrams On April 2, 2014, the U.S. Supreme Court struck down aggregate limits on how much money individuals could contribute to political candidates, parties, and committees. The McCutcheon v. FEC decision fundamentally changes how people (and corporations, thanks to Citizens United) can fund campaigns, opening the floodgates for millions of dollars in new spending, which had been curtailed by campaign finance laws going back to the early 1970s. When Money Speaks is the definitive—and the first—book to explain and dissect the Supreme Court’s controversial ruling in McCutcheon, including analysis of the tumultuous history of campaign finance law in the U.S. and the new legal and political repercussions likely to be felt from the Court’s decision. McCutcheon has been billed as “the sequel to Citizens United,” the decision giving corporations the same rights as individuals to contribute to political campaigns. Lauded by the Right as a victory for free speech, and condemned by the Left as handing the keys of our government to the rich and powerful, the Court’s ruling has inflamed a debate that is not going to go away anytime soon, with demands for new laws and even a constitutional amendment on the Left—while many on the Right (including Justice Clarence Thomas in his concurring opinion) call for an end to all contribution limits. Two of the nation’s top First Amendment scholars—Ronald Collins and David Skover—have produced a highly engaging, incisive account of the case, including exclusive interviews with petitioner Shaun McCutcheon and other key players, as well as an eye-opening history of campaign finance law in the U.S.
Author: Derek D. Cressman
Publisher:
ISBN: 9781458769138
Category :
Languages : en
Pages : 316
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Book Description
Special - interest money is destroying our democratic process. But now that the Citizens United decision has thrown out campaign spending limits as abridgments of free speech, Americans want to know what they can do about it. Derek Cressman gives us the tools, both intellectual and tactical, to fight back. There's nothing inherently unconstitutional in limiting the amount of speech, Cressman insists. We do it all the time - for example, cities control when and where demonstrations can take place or how long people can speak at council meetings. Moreover, he argues that while you choose to patronize Fox News, MSNBC, the New York Times, or the Wall Street Journal, political advertising is forced upon you. It's not really free speech at all - it's paid speech. It's not at all what the Founders had in mind when they wrote the First Amendment. Cressman examines how courts have foiled attempts to limit campaign spending, details what a constitutional amendment limiting paid speech should say, and reveals an overlooked political tool concerned citizens can use to help gain the amendment's passage. Seven times before in our history we have approved constitutional amendments to overturn wrongheaded rulings by the Supreme Court - there's no reason we can't do it again.
Author: Mark A. Graber
Publisher: Univ of California Press
ISBN: 0520913132
Category : Political Science
Languages : en
Pages : 351
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Book Description
Contemporary civil libertarians claim that their works preserve a worthy American tradition of defending free-speech rights dating back to the framing of the First Amendment. Transforming Free Speech challenges the worthiness, and indeed the very existence of one uninterrupted libertarian tradition. Mark A. Graber asserts that in the past, broader political visions inspired libertarian interpretations of the First Amendment. In reexamining the philosophical and jurisprudential foundations of the defense of expression rights from the Civil War to the present, he exposes the monolithic free-speech tradition as a myth. Instead of one conception of the system of free expression, two emerge: the conservative libertarian tradition that dominated discourse from the Civil War until World War I, and the civil libertarian tradition that dominates later twentieth-century argument. The essence of the current perception of the American free-speech tradition derives from the writings of Zechariah Chafee, Jr. (1885-1957), the progressive jurist most responsible for the modern interpretation of the First Amendment. His interpretation, however, deliberately obscured earlier libertarian arguments linking liberty of speech with liberty of property. Moreover, Chafee stunted the development of a more radical interpretation of expression rights that would give citizens the resources and independence necessary for the effective exercise of free speech. Instead, Chafee maintained that the right to political and social commentary could be protected independent of material inequalities that might restrict access to the marketplace of ideas. His influence enfeebled expression rights in a world where their exercise depends increasingly on economic power. Untangling the libertarian legacy, Graber points out the disjunction in the libertarian tradition to show that free-speech rights, having once been transformed, can be transformed again. Well-conceived and original in perspective, Transforming Free Speech will interest political theorists, students of government, and anyone interested in the origins of the free-speech tradition in the United States.
Author: Monica Youn
Publisher:
ISBN: 9780870785214
Category : Law
Languages : en
Pages : 0
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Book Description
"A brilliant collection of essays on one of the most important contemporary constitutional issues: when can and should the government be able to regulate campaign spending? Each essay offers original insights, and together they are a superb examination of the intersection of politics and constitutional law. If there is to be a new jurisprudence in this area, this book is likely its foundation."--Erwin Chemerinsky, founding dean, School of Law, University of California-Irvine In the U.S. Supreme Court case Citizens United v. Federal Election Commission, five justices ruled that corporations and unions had a constitutional right to spend unlimited sums in elections. In so doing, they overturned decades of precedent and dozens of laws. The ruling earned banner headlines, a sharp State of the Union rebuke, and public disapproval hovering near 80 percent in the polls. In the 2010 election that followed, independent spending spiked, much of it done secretly. The decision ranks among the Court's most controversial and consequential. This volume is an attempt to map out the complex labyrinth that led to Citizens United and to explore where this decision may lead. The chapters in it arose from a symposium sponsored by NYU's Brennan Center for Justice just nine weeks after the Citizens United decision was announced.
Author: Rodney A. Smith
Publisher: LSU Press
ISBN: 0807156329
Category : Political Science
Languages : en
Pages : 267
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Book Description
Have campaign finance reform laws actually worked? Is money less influential in electing candidates today than it was thirty years ago when legislation was first enacted? Absolutely not, argues Rodney A. Smith in this passionately written, fact-filled, and provocative book. According to Smith, the laws have had exactly the opposite of their intended effect. They have increased the likelihood that incumbents in the House and Senate will be reelected, and they have greatly diminished the chances that candidates who are not wealthy will be elected. Smith's claims are supported by convincing data; he collected and analyzed information about all federal elections since 1920. These data show clearly that money matters now more than ever. Smith thinks that reform legislation has created a new inequality for candidates that, if left unchecked, threatens to destroy the American electoral process by obliterating the foundational principle of free speech. He argues that "money buys speech" and when candidates lack money to buy media time and space they are effectively silenced. Their inability to "speak freely" violates the most significant intentions of our nation's founders: that a sovereign citizenry elect its own leaders based on a free exchange of ideas. For Smith, campaign finance reform has unwittingly unbalanced the checks and balances created by the Framers of the Constitution.After presenting a detailed historical overview of how we have reached the present crisis, Smith proposes a simple solution: institute a process that completely discloses relevant information about campaign donors and recipients of donations. All disclosures would be available to the media, which would be able to investigate and report them fully. Only then, Smith believes, will the United States have the opportunity to be the democratic republic that its founders intended.
Author: Melvin I. Urofsky
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 344
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Book Description
Money greases the wheels of American politics from the local level to the White House. In the 2004 presidential campaign, President George W. Bush alone raised nearly $400 million in private and public funds—nearly twenty times the combined total raised by John Kennedy and Richard Nixon in 1960—to defeat challenger John F. Kerry, further fueling anxiety over the power of money to dictate political results. Melvin Urofsky, one of our nation's most respected legal historians, takes a fresh look at efforts to rein in campaign spending and counter efforts in the courts to preserve the status quo. He offers a thoughtful and balanced overview of campaign finance reform and the legal responses to it, from the Progressive era through the Supreme Court's landmark ruling in McConnell v. FEC (2003) and its impact on the 2004 election. Urofsky focuses especially on the 1971 Federal Election Campaign Act and 2002 McCain-Feingold or Bipartisan Campaign Reform Act (BCRA), and on challenges to both in the Supreme Court. In Buckley v. Valeo (1976), the Court upheld contribution limits but struck down expenditure caps on First Amendment grounds. In McConnell it upheld the key provisions of McCain-Feingold. In both cases, however, opponents argued that congressional control of campaign financing was an unconstitutional infringement of the free speech rights of campaign contributors. Urofsky deftly steers the reader through this contentious and complex history, revealing how both Congress and the courts have navigated uneasily between the Scylla of potential corruption and the Charybdis of suppressing political speech. Ironically, despite the Court's decision upholding McCain-Feingold, the 2004 presidential election was the most expensive in history—because, as Urofsky notes, money is the mother's milk of politics and both candidates and donors will always find ways to keep it flowing. His book provides an excellent and succinct guide to the controversies and historical debates emerging from that fact.
