Political Financing and the Constitution

Abstract

The author examines the various arguments and legislative proposals offered in support of the regulation of campaign financing in light of the need for a democracy to protect free political communication and of current First Amendment doctrine. He concludes that the arguments advanced either lack a sufficient logical or empirical basis or are founded on ideas that are at odds with a system of free expression. Examination of the legislative proposals leads to the conclusion that they either limit political speech, disadvantage challengers seeking to unseat incumbents, or are too remotely related to valid legislative goals.