Whither campaign spending limits? Speech and money are fungible, and that principle cuts both ways. It costs money to buy a megaphone, print a newspaper, or
buy off a congressman. More money means more megaphones and more congressmen on your side. It distorts our representative democracy. At the same time, limits on spending are implicitly (some would say explicitly) limits on speech. It's a bit strange for us to claim that a person can advocate for whatever views he might have while at the same time stripping him of a powerful and lawfully-obtained means of doing so.
This issue has come to the fore again recently with the recent Supreme Court's decision in
Citizens United v. Federal Election Commission. (Astute readers may recall that
I wrote about the Citizens United case back in September.) Our courts have in the past issued inconsistent rulings with respect to whether corporations enjoy the same free-speech protections as do individuals. The
ruling in the Citizens United case sways the balance far into the
Yes camp. They may speak -- i.e. spend -- as they wish, as we do. (Thanks to
John Gruber for the
FreeSpeechForPeople.org link.)
I think this idea is nonsense and that by holding to it we throw away an excellent opportunity to thread that needle I talked about in the first paragraph above. Let me break down what I think would be a better model.
We the People
...should face few or no limits on our political spending, aka political speech. The Constitution grants us extensive free-speech rights, irrespective of the state's interest, limited only when
speech turns into violence.
Corporations Are Not People
...and the law has only recognized their rights as pseudo-people selectively. They may currently receive free speech protections, but they do not vote and are they not taxed in the same way as individuals. (Although at least one
corporation is running for Congress, albeit in jest.)
A corporation isn't "real." It's an abstraction to to make it easier for
people to do business with one another. But it has no natural interests beyond those of their members.
This is not to say that the interests of a corporation reflect those of
all of it's members. In fact, a corporation's actions and messages are
determined by its executives but
funded through the actions of all of its workers. The effect is to amplify the voices of a very few, regardless of the wishes of others.
Moreover, the power relationships and financial motives in a corporate environment encourage people to act against their own beliefs and values. People are far more likely to contribute to a project they don't believe in if they're told to do so by someone above them, if their jobs depend on it, and/or if they're paid to do so.
Therefore, let us purge from our minds any thought that a corporation is entitled to the same speech protections as a person. I favor a strict ban: corporations should not be allowed to spend money on political campaigns -- at all. Our electoral system must not be for sale.
Voluntary Associations Are Different
...from corporations.
Corporations are defined and circumscribed by statute. Churches, charities, and clubs, by contrast, come about directly through the will of their members. This distinction means that a restriction on corporate speech/spending need not -- should not -- apply to these other kinds of voluntary associations. "[T]he right of the people peaceably to assemble, and to petition the Government" is established in the first amendment to the Constitution; corporations are not.
This distinction is critical. Without extending the protections due individuals to groups of individuals, you and I could not
join together in petitioning the government, I could not hire you to lobby on behalf of our shared interests, and we could not bring our friends together to discuss our values and priorities.
Just to Stir the Pot
...a little bit more, let me bring out one more idea from our country's founding creeds: No taxation without representation! If corporations aren't really
real, why do they pay taxes as if they were? The revenue of a corporation will eventually become the revenue of individuals. Therefore, let's further support in law the concept of unreal corporations by eliminating corporate income and payroll taxes. We're all paying those taxes indirectly anyway, so let's make those payments directly. We'll simplify our tax regime and make it more transparent along the way.
Our goal should be the elimination of barriers that prevent government from representing and responding to the will of its citizens. To that end, we should strengthen the protections granted to those citizens, remove distorting and distracting influences, ... and perhaps offer some inducement to hurry the money men out the door.