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.

Mike Rappaport

Professor Rappaport is Darling Foundation Professor of Law at the University of San Diego, where he also serves as the Director of the Center for the Study of Constitutional Originalism. Professor Rappaport is the author of numerous law review articles in journals such as the Yale Law Journal, the Virginia Law Review, the Georgetown Law Review, and the University of Pennsylvania Law Review.  His book, Originalism and the Good Constitution, which is co-authored with John McGinnis, was published by the Harvard University Press in 2013.  Professor Rappaport is a graduate of the Yale Law School, where he received a JD and a DCL (Law and Political Theory).

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Comments

  1. John Ashman says

    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.

  2. John Ashman says

    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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