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Is Money Speech?

One of the arguments made against treating spending during campaigns as protected by freedom of speech is that money is not speech.  In this neat, two minute video, Eugene Volokh explains that even though money is not speech, spending during a campaign should still should be protected.

Reader Discussion

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on September 12, 2013 at 09:49:45 am

This video is very nice. It doesn't try to do too much and what it does, it does with an economy of words. The result is a powerful argument for an important point.

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David R. Henderson
on September 12, 2013 at 13:19:59 pm

I believe an SCJ once said something to the effect that if a law intends to do by an alternate means that which is forbidden in the Constitution, it is equally unconstitutional.

Of course, this would lead to our entire income tax as written being unconstitutional as well, but these days, SCOTUS must maneuver through a minefield of previous decisions, rationalization and combatting logic to sustain the unconstitutional state of the legal system.

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John Ashman
on September 12, 2013 at 13:19:59 pm

I believe an SCJ once said something to the effect that if a law intends to do by an alternate means that which is forbidden in the Constitution, it is equally unconstitutional.

Of course, this would lead to our entire income tax as written being unconstitutional as well, but these days, SCOTUS must maneuver through a minefield of previous decisions, rationalization and combatting logic to sustain the unconstitutional state of the legal system.

read full comment
Image of John Ashman
John Ashman

Law & Liberty welcomes civil and lively discussion of its articles. Abusive comments will not be tolerated. We reserve the right to delete comments - or ban users - without notification or explanation.