[EL] "Ready for a surprise? Money DOES equal access in Washington"

[Justin Levitt]

And another potential view still -- which is that independent speech is 
of different value and poses different risks than direct contributions.

And still another view -- that even if legislators needn't meet with 
everyone, there are still some impermissible reasons to sort those who 
get meetings from those who do not.

And still another other view -- that /Caperton/ proves that the Court, 
and Justice Kennedy, understand full well that the fact that independent 
speech can indeed lead to impermissible influence over elected officials 
... but that the remedy must be adequately tailored to the harm.

Despite the cries of some on the left, /Citizens United/ did not end 
campaign finance regulation.  And despite the cries of some on the 
right, /Citizens United/ did not end campaign finance regulation.

-- 
Justin Levitt
Associate Professor of Law
Loyola Law School | Los Angeles
919 Albany St.
Los Angeles, CA  90015
213-736-7417
justin.levitt at lls.edu
ssrn.com/author=698321

On 3/11/2014 11:22 AM, Rick Hasen wrote:
> There is another view, which is that the Court was wrong in writing 
> that in Citizens United, and the equation of access with corruption in 
> McConnell (and other cases was correct).
> Things may change once the Supreme Court changes. That is, the 
> definition of "corruption' depends upon what 5 Justices of the Supreme 
> Court says it means.
>
>
> On 3/11/2014 11:19 AM, Joe La Rue wrote:
>> But access DOES NOT equal real or apparent corruption, which as we 
>> all know is the only constitutionally cognizable interest in limiting 
>> contributions or expenditures.  Indeed, "The fact that speakers may 
>> have influence over or access to elected officials does not mean that 
>> these officials are corrupt." /Citizens United v. FEC/, 130 S.Ct. 
>> 876, 910 (2010).
>> Whether legislators /should /give greater access to those who make 
>> contributions or expenditures is a fair question.  Perhaps we should 
>> organize a petition to require the House and Senate to change their 
>> rules to require their members to meet with anyone and everyone who 
>> requests a meeting.  Of course, that would likely keep the members of 
>> the legislature from legislating, which would keep them from spending 
>> money we don't have on projects we don't need.
>> Now that you mention it, where do I sign that petition?
>> Joe
>> ___________________
>> *Joseph E. La Rue*
>> cell: 480.272.2715
>> email: joseph.e.larue at gmail.com <mailto:joseph.e.larue at gmail.com>
>>
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> -- 
> Rick Hasen
> Chancellor's Professor of Law and Political Science
> UC Irvine School of Law
> 401 E. Peltason Dr., Suite 1000
> Irvine, CA 92697-8000
> 949.824.3072 - office
> 949.824.0495 - fax
> rhasen at law.uci.edu
> hhttp://www.law.uci.edu/faculty/full-time/hasen/
> http://electionlawblog.org
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