Campaign Finance October 21, 2004 The first day in the post-curse era of Red Sox baseball!

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Presentation transcript:

Campaign Finance October 21, 2004 The first day in the post-curse era of Red Sox baseball!

Buckley v. Valeo (1976) Who was Buckley and why was he suing? Senator from NY Which law was targetted? Federal Election Campaign Act (FECA) What is the important political event that provides context for this case? Watergate What was the decision in the case?

Buckley decision—key elements Distinguishes between contributions and expenditures regarding 1 st Amend. Expenditures are more like pure speech, shouldn’t regulate Contributions are less directly speech, more likely to raise perception of corruption or quid pro quo, some limits OK Money = Speech

Bi-Partisan Campaign Reform Act (aka McCain-Feingold) S.Ct. upholds in January 2003 (McConnell v. FEC) Rehnquist—”With two relatively minor exceptions, the entire statute is constitutional.” 5-4, Lots of folks suggesting this infringes on 1 st Amend. Rights, Scalia, “sad day for freedom of speech…”

Major provisions of McCain- Feingold (BCRA) Bans all soft money contributions to national political parties Bans corporations, trade associations, and unions from paying directly for “electioneering communications” within 60 days of a general election or 30 days of a primary Increased limits on individual hard money contributions

Still to come Possible regulation of internet based advertising (currently exempt) Possible regulation of anonymous donations Possible circumventions Own your own news outlet (NRA) 527s—unlimited money by advocacy groups as long as no coordination with a candidate