Abstract

http://ssrn.com/abstract=2141864
 


 



The Informational Interest


Daniel R. Ortiz


University of Virginia School of Law

September 1, 2012

Journal of Law and Politics, Forthcoming
Virginia Public Law and Legal Theory Research Paper No. 2012-50

Abstract:     
This essay, to be published in the Journal of Law and Politics, describes how the debate over disclosure in campaign finance has changed and how the Supreme Court has limited the rationales that can justify it. Although in Buckley v. Valeo the Supreme Court identified three separate constitutional interests that disclosure served — an anticorruption interest, an enforcement interest, and an informational interest — in Citizens United v. FEC it effectively threw out the first two. Now the constitutionality of campaign finance disclosure requirements rests almost solely on the informational interest. The essay then shows how Citizens United creates an unstable paradox. The assumptions it makes in the central part of the decision in striking down source and amount regulation of so-called independent expenditures undercut the ones in makes in upholding disclosure under the informational interest. In the former case, it assumes voters are quite savvy and actively engaged in politics; in the latter, it assumes the opposite. The essay concludes with some thoughts about what this conflict may portend.

Number of Pages in PDF File: 24

Keywords: campaign finance reform, Citizens United, informational interest, disclosure

Accepted Paper Series





Download This Paper

Date posted: September 6, 2012  

Suggested Citation

Ortiz, Daniel R., The Informational Interest (September 1, 2012). Journal of Law and Politics, Forthcoming; Virginia Public Law and Legal Theory Research Paper No. 2012-50. Available at SSRN: http://ssrn.com/abstract=2141864

Contact Information

Daniel R. Ortiz (Contact Author)
University of Virginia School of Law ( email )
580 Massie Road
Charlottesville, VA 22903
United States
804-924-3127 (Phone)
804-924-7536 (Fax)

Feedback to SSRN


Paper statistics
Abstract Views: 404
Downloads: 36

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.344 seconds