cross-posted at the blog of the Center for Competitive Politics
Contribution pledges are speech too
One of the main rhetorical arguments of the so-called campaign finance "reform" community is that "money isn’t speech." This is important to "reformers" because if money is speech, and campaign finance "reform" is all about limiting money in politics, then the "reform" effort is obviously unconstitutional under the First Amendment.
The hysterical cry that "money isn’t speech" is a response to the U.S. Supreme Court’s ruling in Buckely v. Valeo, the landmark campaign finance case in 1976 that generally defines the Court’s view of what is and is not acceptable when it comes to regulating money in politics.
Contrary to the "reformers" anguished hysteria, the Court did not literally rule that "money is speech."
Instead, they made two key findings:
- Contributing to a political candidate is a form of political speech, a way for citizens to associate with candidates and causes to demonstrate their support, and;
- Money is required to enable political speech, because it costs money to run television and radio ads, print and mail brochures, design and maintain web sites, and the countless other things candidates and causes do to engage in political speech.
These two self-evident findings have been twisted by the campaign finance "reform" community to mean "money is speech," which they then argue against vociferously. It is easier, after all, to argue against a strawman than what the Court actually ruled.
I’ve recently noted a development that helps to explain, and even expand on, the first part of the Court’s ruling, that campaign contributions are a form of political speech.
Senator Joe Lieberman, onetime Democratic and now Independent U.S. Senator from Connecticut, has drawn the ire of certain elements of those Americans advocating on behalf of health care reform as generally proposed by the Democratic leadership of the U.S. House and Senate. Senator Lieberman has indicated that he will filibuster the latest version of health reform, this one involving an expansion of Medicare.
This follows on Senator Lieberman’s previous vows to likewise filibuster any health reform plan that includes a "public option."
In response, and in a development that we a the Center for Competitive Politics think is a fabulous demonstration of just how political contributions are indeed a form of political speech, a Facebook page has sprung up asking people to pledge contributions to whomever Senator Lieberman’s opponent is the next time he is up for election.
A review of the comments on this Facebook page, as well as those on sites that link back to it, clearly demonstrate that a political message is being sent to Senator Lieberman by those organizing and pledging to contribute to his opponent. A sampling*:
I, like many others, find your flip-flopping political allegiances to be troubling. I have pledged to give money to your opponent in 2012 if you stand against health care reform... rather than standing firm for your core principles. Arthur G N McLean (Facebook)
I have pledged to donate to Joe Leiberman's opponent if he filibusters Health Care Reform. We the people have spoken, but with this liar money talks, so we will make sure that his opponent gets $$$ and replace the liar with someone who supports a public option. Michelle Rene Cronk (Facebook)
Pledging my last dime against Lieberman -- anywhere, anytime. My kids are without health care insurance, and I am furious at Lieberman for blocking any chance of their being able to get a fair deal or fair plan... Coral (DailyKos)
Even the pledge to contribute, which is what 30,000 Americans have apparently done, conveys political speech. This is exactly the sort of thing the campaign finance "reform" community would strip from Americans if they could, the right to support or oppose candidates and causes by even the pledge of financial support. Fortunately, the U.S. Supreme Court and the First Amendment still stand in their way, and we are a better and more politically free nation for it.
Sean Parnell
President
Center for Competitive Politics
*The Center for Competitive Politics neither endorses nor opposes the election or defeat of Senator Lieberman, nor do the sentiments reproduced here reflect our own views on health care or any other issue. These comments have been selected solely to demonstrate that pledges of financial support to a political candidate are a powerful act of political speech.