by Michael C. Munger
Institute for Justice
September 29, 2009
Americans were once free to speak about politics without asking permission from the government or being forced to document their political activities for the authorities. But under the guise of “campaign finance reform,” government regulation of political speech has metastasized, spreading far beyond the mere financing of campaigns to monitor and control everyday political speech by ordinary citizens. Electioneering disclosure laws disinform the public and disenfranchise citizens. They are bad law, bad policy and bad for democracy. Legislators would do well to consider repealing these laws and avoid similar expansions of the regulation of political speech, and courts should take seriously the anti-democratic impacts of electioneering communications regulations and the real-world burdens they impose on First Amendment rights.



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