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Removing Direct Contribution Limits: Free Speech and Disclosure

Ever since its landmark decision in Buckley v. Valeo, the Supreme Court’s campaign finance jurisprudence has been in a state of flux. Several cases have reflected the Court’s approval of government actions seeking to prevent corruption (e.g., Austin and McConnell). More recent cases, on the other hand, have demonstrated the Court’s commitment to the First Amendment’s protection of political expression (e.g., Citizens United and McCutcheon). If this current trend continues, direct contribution limits may soon be subject to deregulation.

Taking in the fact that money is speech, and therefore is entitled to strict constitutional protection and that disclosure requirements can act as an adequate safeguard against corruption, this would be a wise move for the Court to make

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