Unfree Speech

by Smith, Bradley A.

• ISBN13: 9780691070452
• ISBN10: 0691070458
• Format: Hardcover
• Copyright: 2001-02-01
• Publisher: Princeton Univ Dept of Art &

Summary

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 Biography

Bradley A. Smith is Professor of Law, at Capital University Law School in Columbus, Ohio.

Table of Contents

Preface	ix
Introduction	3	(14)
Part I The Cost of Campaigns and the Price of Reform
Money Talks: A Short History of Campaign Spending, Regulation, and Reform	17	(22)
Faulty Assumptions of Campaign Finance Reform	39	(26)
The Folly of Reform: Consequences of Campaign Finance Regulation	65	(23)
Some Problems with the Solution of Government Financing	88	(21)
Part II Constitutional Matters
Money and Speech	109	(13)
Money and Corruption	122	(15)
Money and Equality	137	(32)
Part III Real and Imagined Reform of Campaign Finance
Unfree Speech: The Future of Regulatory ``Reform''	169	(32)
Real Equality, Real Corruption, Real Reform	201	(28)
Notes	229	(30)
Bibliography	259	(20)
Index	279