Journal article
Wholly Native to the First Amendment: The Positive Liberty of Self-Government
Pennsylvania Law Review Online, Vol.164, p1
2016
Abstract
The Supreme Court has unequivocally and repeatedly rejected as “wholly foreign to the First Amendment” any suggestion that legislatures can regulate electoral speech in order to foster political equality. The Court is not oblivious to the distorting effects on the political process of large financial contributions. Rather, its reluctance to accept regulation of campaign speech in the name of political equality arises out of its skepticism about legislative purposes, in this arena, and its recognition that its institutional role precludes it from devising a measure of adequate political equality, insofar as any such measure would be contestable.
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Details
- Title
- Wholly Native to the First Amendment: The Positive Liberty of Self-Government
- Creators
- Tabatha A Abu El-Haj - Drexel University, Thomas R. Kline School of Law
- Publication Details
- Pennsylvania Law Review Online, Vol.164, p1
- Resource Type
- Journal article
- Language
- English
- Academic Unit
- Thomas R. Kline School of Law
- Identifiers
- 991021899515404721