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Monday, October 11, 2010

Could foreign spending on elections really be legal?

Richard L. Hasen - Slate Magazine: "In fact, the case against foreign spending on elections is so clear that I have a hard time believing that the Supreme Court would actually strike down the ban on foreign spending. The justices would find some way to distinguish the foreign spending from U.S. corporate spending, even if the solution only makes campaign finance law even more incoherent. At bottom, such a ruling would have to recognize, at least implicitly, that when it comes to our elections, more speech is not always better. The identity of the speaker does matter. And that the public cares not only about what is said in an election but about who is saying it. These are all defensible principles. They also are nowhere to be found in Citizens United."

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