Monday, August 28, 2017
Joel M. Gora, Brooklyn Law School, has published Money, Speech and Chutzpah at 43 Litigation 48 (Summer 2017). Here is the abstract.
This article examines the background to the key campaign finance cases of the last 45 years, from before Buckley v. Valeo to after Citizens United. It criticizes the “chutzpah” of those who passed and defended campaign finance laws which directly restrict political speech and association and praises the “chutzpah” of those who challenged those laws as antipathetic to First Amendment rights and democracy’s demands. It traces the origins of the first free speech challenges to modern campaign finance laws, the landmark decisions since then and the most recent legal battles. The author recounts his own experiences as an ACLU lawyer working on many of those landmark cases.
The full text is not available from SSRN.