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Monday, September 27, 2010

Foreign Nationals, Electoral Spending, and the First Amendment by Toni Massaro

SSRN Draft-Foreign Nationals, Electoral Spending, and the First Amendment by Toni Massaro: "This Essay analyzes in detail whether foreign speakers, including foreign corporations, can be fenced out of campaign electoral spending, and concludes that the constitutional case against such restrictions is very powerful, if not overwhelming. It predicts that the Court nevertheless will be loath to defy Congress on this point, particularly if the government invokes a national security interest or so-called right to prevent “undue foreign influence” over American elections. Signs are that the current Court would defer to Congress and uphold restrictions on foreign national campaign expenditures, were it to address the question directly. But to do so, it would need to ignore its own first amendment logic and especially its soaring rhetoric about the sophistication of American voters and the value of robust political expression fueled by private expenditures."

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