[EL] Citizens United Pushback

Scarberry, Mark Mark.Scarberry at pepperdine.edu
Sat Feb 25 17:04:56 PST 2012


Pardon me, but Buckley gives rich people the ability to spend unlimited funds independently, right? It gave them the megaphone, or, more accurately, refused to let Congress take away the megaphone they already had.

Why blame C.U.?

Buckley may have been wrongly decided, but that's where we have to go, I think. Actually, in my view the relevant part of Buckley was correctly decided under the Constitution as it exists. I will listen (though with a very, very skeptical ear) to arguments that the Constitution should be amended.

Mark

Mark S. Scarberry
Pepperdine Univ. School of Law
Malibu, CA 90263
(310)506-4667

From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Smith, Brad
Sent: Saturday, February 25, 2012 3:33 PM
To: Salvador Peralta; law-election at uci.edu
Subject: Re: [EL] Citizens United Pushback

No, Sal, that's not why.


Bradley A. Smith

Josiah H. Blackmore II/Shirley M. Nault

   Professor of Law

Capital University Law School

303 E. Broad St.

Columbus, OH 43215

614.236.6317

http://law.capital.edu/faculty/bios/bsmith.aspx

________________________________
From: Salvador Peralta [oregon.properties at yahoo.com]
Sent: Saturday, February 25, 2012 6:24 PM
To: Smith, Brad; law-election at uci.edu
Subject: Re: [EL] Citizens United Pushback
I got a tickle out of Brad's remarks bemoaning how "tendentious" things are on the issue of campaign finance reform while simultaneously using words like "xenophobic", "hysteria", "race-baiting" to characterize the people that disagree with him.

I can't help but wonder whether Mr Smith is tossing around terms like "xenophobe" and "race-baiting" because doing so is easier than addressing concerns about the gaping holes the C.U. decision leaves open for allowing foreign individuals and entities that hold controlling interests in domestic corporations to play a determinative role in federal elections.

C.U. has not given greater rise to more voices in our federal elections.  At best, it has given a bigger megaphone to billionaires and made candidates far more beholden to far fewer people.

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