Is Money Speech?
Short video featuring Eugene Volokh
"Congress shall make no law abridging the freedom of speech." --First Amendment, U.S. Constitution
What if the government said you could publish a newspaper, but only if you spend less than $1000. Or you could hire a lawyer to defend you in court, but only if it cost less than $1000. Why are these unconstitutional?
If Congress restricts independent spending on election-related speech, is that constitutional?
Professor Eugene Volokh argues that such restrictions abridge the freedom of speech. Some say "but money isn't speech," but Professor Volokh argues that this is both true and beside the point. Money isn't speech; speech is speech. But most effective speech costs money. Restricting spending of money for such speech disables speech and violates the First Amendment.
Do you agree?
Learn more:
http://www.scotusblog.com/case-files/cases/citizens-united-v-federal-election-commission/
http://www.amazon.com/First-Amendment-Related-Statutes-University/dp/1599418673
Thomas M. Siebel Senior Fellow, The Hoover Institution, Stanford University; Gary T. Schwartz Distinguished Professor of Law Emeritus, UCLA School of Law
Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution (Stanford), as well as the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. He recently retired from teaching at UCLA, after 30 years there, and is now focusing on research.
Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed. 2023), and Academic Legal Writing (5th ed. 2016), as well as over 100 academic law journal articles, mostly on First Amendment law. He is a member of The American Law Institute; the editor-in-chief of the Journal of Free Speech Law; and the creator and coauthor of The Volokh Conspiracy, a leading legal blog founded in 2002 (hosted at the Washington Post from 2014 to 2017 and now at Reason Magazine).