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Public Financing, Integrity, and Mixed Emotions

Barack Obama has opted out of public financing for his presidential campaign. I greet this event with mixed emotions. On the one hand, Obama said that he would accept public financing and the limits that go with it. He is a supporter (or so he says) of public financing. Thus there is a question of…

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Campaign Finance, Enforceability, and Free Speech

It has become fairly well established in current law, as I understand it, that election financing can be regulated quite substantially without violating free speech. Some of the boundary areas are not so well defined, and regulation of those who are not connected organizationally to any candidate has been held unconstitutional in at least some…

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The Wrong Way to Repair the Election Process

Over the last couple of decades we have had two major movements designed to make our election process more responsive to the public and to try to make the American people less cynical. The first is campaign finance reform, and the second is term limits. It’s interesting that in both cases we propose to make…