Free Speech and Money

by Rich Beckman on January 22, 2010

So the Supreme Court knocked down (large?) por­tions of McCain/​Feingold. Spend­ing is speech and Con­gress will make no law etc.

Gen­er­ally I am a lib­eral, so I guess I am sup­posed to be out­raged that the Court did what it did.

But I am not out­raged. I applaud the deci­sion. I have felt for some time that all the reg­u­la­tion of cam­paign spend­ing is not con­sti­tu­tional. Now, I did not make a mis­sion out of try­ing to undo it (I do not look for­ward to all of the com­mer­cials), but I have long thought it made no sense.

Part of my prob­lem with cam­paign finance laws goes back to a uni­ver­sal truth. Cre­ate a rule and there will (imme­di­ately!) be those out there look­ing for a way around the rule. This cre­ates another rule, and the process con­tin­ues ad nau­seum. Soon (a long time ago), the reg­u­la­tions are so com­plex that it is sim­ply too easy to break them even with the best of inten­tions. All of that for rules that are uncon­sti­tu­tional in the first place and, lets face it, did not do much to keep money out of pol­i­tics as was intended.

I think any­one should be able to give as much money as he or she (or it) wants to give to any can­di­date desired.

The one catch I would have is that all can­di­dates must pub­lish who gave (with occu­pa­tion) and how much.

This kind of trans­parency is part of the cur­rent scheme and is the one part that strikes me as effec­tive. I have on sev­eral occa­sions lis­tened to a news story on how a given can­di­date received a dona­tion from a sul­lied donor and the can­di­date returned the money. This works. And the inter­net makes it eas­ily doable. Post the info and the press and the blog­gers will let us know if there is cause for concern.

{ 4 comments… read them below or add one }

Luka January 23, 2010 at 11:33 am

And if mr sullied gives his bucks to mz clean, to give to the candidate ?

Or some permutation thereof…

Rich Beckman January 23, 2010 at 12:49 pm

In that scenario, mz clean is not so clean, is she?

And there has been (or can be) a law that prevents such an event (or permutation thereof….)?

Louann January 23, 2010 at 1:14 pm

Well, I am upset about the Court’s decision about corporations now being able to spend whatever they want on campaigns. I believe that does silence the ‘little guy.” However, Obama did prove that the voice of the average citizen will be heard, if enough speak.

Your comments do give me pause though because I too believe regulations can do more harm than good. But, then the government needs to get out of it all-together. If there are rules, regulations or tax incentives, etc. to help the big guys, someone has to help the little guy. I know one can’t go back, but I just wish the “too big to fail” groups had been allowed to fail. That might have provided some good sense in the future without regulations.

Luka January 23, 2010 at 1:14 pm

Perception being everything, in politics, if she is percieved as being mz clean…

And I thought the reasoning was to get away from adding more “laws”.

;o)

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