Disclosure in a Post-Citizens United Real World

Abstract

A primary political reaction to Citizens United v. Federal Election Commission has been a demand for new laws and regulations governing the disclosure of political spending and contributions. Proposed new regulations, however, have tended to overlook some serious practical problems of increased compulsory disclosure. The effort to mandate increased disclosure is also, at least in substantial measure, based on illegitimate intent and an incorrect understanding of the extent of compulsory disclosure laws both before and after Citizens United. The new disclosure sought threatens hard won constitutional rights that ought not be surrendered too easily. Ultimately, compulsory disclosure cannot bear the weight some now seek to place upon it, and in trying endangers other important political and social values.

Keywords: campaign finance, disclosure, citizens united, federal election commission, political spending