Taking Issue with Issue Advocacy

Yale Law School, Program for Studies in Law, Economics and Public Policy, Working Paper No. 232

14 Pages Posted: 8 Nov 1999

See all articles by Ian Ayres

Ian Ayres

Yale University - Yale Law School; Yale University - Yale School of Management

Date Written: October 1999

Abstract

Professor BeVier has written a provocative article that reemphasizes and extends many of her well-known, laissez-faire ideas about campaign finance. I am most persuaded by her argument that recent efforts to distinguish election-related and political spending would not by themselves be sufficient to avoid the far reaching analysis of Buckley. However, Professor BeVier's larger and more important thesis is that the arguments of "regulationists" for restricting issue advocacy are both theoretically and empirically deficient. In this comment, I wish to do three things:

(1) criticize Professor BeVier's "negative liberty" theory; (2) criticize some of her more specific arguments about inequality and accountability; and (3) suggest that mandating partial anonymity might be a better solution to the "problem" of issue advocacy.

Suggested Citation

Ayres, Ian, Taking Issue with Issue Advocacy (October 1999). Yale Law School, Program for Studies in Law, Economics and Public Policy, Working Paper No. 232. Available at SSRN: https://ssrn.com/abstract=191349 or http://dx.doi.org/10.2139/ssrn.191349

Ian Ayres (Contact Author)

Yale University - Yale Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States
203-432-7101 (Phone)
203-432-2592 (Fax)

Yale University - Yale School of Management

135 Prospect Street
P.O. Box 208200
New Haven, CT 06520-8200
United States

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