4 ms·
* Free speech * Private property * Preventing small interest groups from having outsized influence Choose two. Or maybe 2.5 at the most. But the problem is t
by dcolkitt 7y ago
* Free speech
* Private property
* Preventing small interest groups from having outsized influence
Choose two. Or maybe 2.5 at the most. But the problem is there's no clear delineation between "money" and "speech". At some point you either impose restrictions on free speech, prevent the unlimited accumulation of wealth, or accept that billionaires are just always going to have more political influence than Joe Sixpack.
For as much as people like to shit on it, very few people have actually read the body of Citizens United. If you haven't, I highly suggest doing so. Because it really brings up deep paradoxes that suggest that the First Amendment is fundamentally incompatible with campaign finance restrictions. European countries manage to keep money out of politics, simply by not sharing America's Constitutional guarantee of absolute free speech.
There's no logically consistent way to regulate "money in politics" in a way that doesn't also restrict "speech in politics". Consider all of the below scenarios and tell me at what point "money" ends and "speech" begins:
* A wealthy person makes huge campaign donations to his favored candidate.
* A wealthy person runs for office, and uses his personal wealth to buy campaign ads.
* A wealthy person buys a media conglomerate, and uses his editorial control to favor his preferred positions.
* A wealthy person buys a media conglomerate, doesn't exert direct editorial control, but only hires journalists who share his opinion.
* A wealthy person uses his money to fund movies with no political message. However he becomes famous from starring in his own subsidized movies. He uses his fame to spread his message without directly buying access.
* A wealthy person hires people to attend protests in favor of his position.
* A wealthy person finds people who genuinely wants to attend his protests, but subsidizes their transportation, signs, organization, etc.
* A wealthy person buys nice clothes and speaking lessons for people that share his positions so they become more persuasive.
* A wealthy person buys a chain of sports bars and makes sure that the TVs only play his preferred cable news channel.
* A wealthy person biases hiring to favor like-minded people. On net that raises the status and influence of people like him.
* A wealthy person biases his firm to doing business with firms run by ideologically like-minded CEOs. That makes people who share his views wealthier, and hence gives them more influence.
* A wealthy person is unbiased when hiring, but locates all his offices in areas that share his views so that hiring naturally biases towards like-minded people.
* A wealthy person uses his money to attract a very famous and attractive movie star. Once married he influences her to his political positions, then that movie star uses her famous and status to influence her fans.
* A wealthy person uses his money to throw big, fancy parties. He invites anyone regardless of views. However at the beginning of the party, when people are enjoying the free cocktails and hours d'oevrues his always gives a toast that gently nudges the partygoers in favor of his views.
- foldr 7y ago>tell me at what point "money" ends and "speech" begins: But these sorts of fuzzy lines have to be drawn in other areas in relation to the First Amendment. Libel, illegal images, threats to assassinate the President, etc. etc. Just because there's no logically compelling cut off point doesn't mean that a court can't draw the line somewhere. The First Amendment isn't absolute.
- throwawayPYy4 7y agoThe libel(etc)-cutoff is orthogonal to the money/speech-cutoff scenarios above.
- foldr 7y agoYes, of course. My point is just that there is also no obvious logical point at which to make the cutoffs in those cases either.
- throwawayPYy4 7y agoYes. My point is that it is a category mistake to make the analogy between the two types of cutoffs. Just because a line can be drawn on the content of speech does not mean that a line can be drawn between money and speech.
- foldr 7y agoThe point is that the mere fuzziness of a given line is not a reason to doubt that a legal distinction can be drawn. All OP did was to show that the line is fuzzy. I was criticizing OP's argument, not presenting a positive argument by analogy. Perhaps a legal line can't be drawn between money and speech, but if so, this can't be the case merely because the logical boundary between the two is fuzzy. In fact, any disanalogy only lends further support to my point. If the First Amendment doesn't even permit you to say anything you like, then it surely doesn't permit you to spend money any way you like! If it were really impossible to draw a line between money and speech, then the First Amendment would protect all kinds of dubious financial schemes. It doesn't.