[EL] Rick retreats a step, as he must

[Rick Hasen]

I don't believe I've retreated at all and I believe this is in line with 
what I have argued for many years.
But I do set out the full argument in my book, and my plan is not to 
debate the issues in brief posts on the listserv.  I have found such 
discussions to generate less light than heat.
So no one should take my failure to respond to the missives that are 
sure to come on the listserv as people read my book and related opeds as 
agreement with the critiques.
I do hope to respond to critiques at a later date in a longer form 
(perhaps at the Brooklyn Law Review symposium on the First Amendment....).


Rick

On 1/14/2016 11:25 AM, Steve Hoersting wrote:
>
> Yes, the Jeb dynamic does throw reformers for a loop. The easily 
> absorbed hypothetical they've peddled for years -- that money buys 
> victors -- is undone by the Jeb result.
>
> Reformers, and in this case Rick, have now fallen back on a charge 
> less obvious, as they must: The problem of speech financing is every 
> bit as real as they've warned; now it is just more subterranean, more 
> sophisticated, and, therefore, more insidious.
>
> But I have to compliment Rick's latest to this extent: He hasn't yet 
> dared join Lessig in Lessig's most daring argument: That the First 
> Amendment must be repealed in the ABSENCE of evidence.
>
> Officeholder corruption may be invisible, conceded Lessig. But that, 
> he says, is only because it is "unconscious."
>
> Best,
>
> Steve
>
>
>
> _______________________________________________
> Law-election mailing list
> Law-election at department-lists.uci.edu
> http://department-lists.uci.edu/mailman/listinfo/law-election

-- 
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

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20160114/b657ff50/attachment.html>