Campaign Finance and Freedom of Speech – A Transatlantic Perspective

Anna-Bettina Kaiser, Niels Petersen & Johannes Saurer (eds.), US Constitutional Law in the Obama Era – A Transatlantic Perspective (Routledge, 2018), Forthcoming

13 Pages Posted: 23 Feb 2018

Date Written: December 22, 2017

Abstract

If freedom of speech protects a marketplace of ideas – what is its proper currency? Is it only the force of the arguments brought forth – or is it money as well? For the current majority of the U. S. Supreme Court the answer under the U. S. Constitution seems clear: Freedom of speech must include the right to unfettered use of money in the competition. For the Court, the marketplace of ideas turns into a literal, economic marketplace. In what follows I will agree with most American scholars who sharply criticize this reading of the First Amendment. I will join in this critique, however, as somebody who genuinely admires the strong protection of free speech in the United States. I think Europe stands to learn a lot from the American model – but I agree with most scholars in the United States that the Supreme Court’s campaign finance decisions, especially since Citizens United (2010), do not do justice to that worthy American free speech tradition itself.

Keywords: First Amendment, Free Speech, Campaign Finance, Living Originalism

JEL Classification: K10

Suggested Citation

Hong, Mathias, Campaign Finance and Freedom of Speech – A Transatlantic Perspective (December 22, 2017). Anna-Bettina Kaiser, Niels Petersen & Johannes Saurer (eds.), US Constitutional Law in the Obama Era – A Transatlantic Perspective (Routledge, 2018), Forthcoming. Available at SSRN: https://ssrn.com/abstract=3123045

Mathias Hong (Contact Author)

University of Freiburg ( email )

Platz der Alten Synagoge 1
Freiburg, 79098
Germany

HOME PAGE: http://www.jura.uni-freiburg.de/de/institute/ioeffr5/mitarbeiter/assistenten/Dr.%20Mathias%20Hong

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