[EL] Rick retreats a step, as he must

[Steve Hoersting]

No, I agree with that much. All things being equal, it is always better to
publish.

Steve
On Jan 14, 2016 2:56 PM, "Rick Hasen" <rhasen at law.uci.edu> wrote:

> 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 be repealed in the ABSENCE of evidence.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
>
>
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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 92697-8000949.824.3072 - office949.824.0495 - faxrhasen at law.uci.edu
> hhttp://www.law.uci.edu/faculty/full-time/hasen/http://electionlawblog.org
>
>
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