[EL] “Neil Gorsuch Understands Campaign Finance – And That’s The Problem”

[Sean Parnell]

A question regarding the following statement in the Ciara Torres-Spelliscy piece:

But there are a few words from Gorsuch’s opinion which should give campaign finance reformers pause.  For one, he wrote “[n]o one before us disputes that the act of contributing to political campaigns implicates a ‘basic constitutional freedom,’ one lying ‘at the foundation of a free society’ and enjoying a significant relationship to the right to speak and associate—both expressly protected First Amendment activities.”  In other words, Gorsuch is maintaining the link between and political money and free speech.

It was my understanding that from Buckley v. Valeo through the mid-2000’s, including Roberts and Alito, every Supreme Court justice except for Stevens had expressed in their opinions (majority, concurrence, dissent, or other) a belief that “contributing to political campaigns implicates a ‘basic constitutional freedom,’ one lying ‘at the foundation of a free society’ and enjoying a significant relationship to the right to speak and associate—both expressly protected First Amendment activities.” After expressing that opinion, of course, justices diverged on whether whatever was before them at any given time ran afoul of or was consistent with the First Amendment. I’m curious whether either Kagan or Sotomayor have had occasion to also endorse or reject this understanding?


Sean Parnell
Vice President for Public Policy, The Philanthropy Roundtable
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sparnell at philanthropyroundtable.org<mailto:sparnell at philanthropyroundtable.org>



“Neil Gorsuch Understands Campaign Finance – And That’s The Problem”<http://electionlawblog.org/?p=90914>
Posted on February 5, 2017 12:25 pm<http://electionlawblog.org/?p=90914> by Rick Hasen<http://electionlawblog.org/?author=3>

Ciara Torres-Spelliscy blogs.<http://www.brennancenter.org/blog/neil-gorsuch-understands-campaign-finance-%E2%80%93-and-that%E2%80%99s-problem>
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, Supreme Court<http://electionlawblog.org/?cat=29>
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