3 ms·

The libel(etc)-cutoff is orthogonal to the money/speech-cutoff scenarios above.

• foldr 7y ago
  Yes, 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 ago
    Yes. 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 ago
      The 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.