Brigham Young University Prelaw Review
Free Speech or Fair Elections? A Call for Campaign Finance Reform and a New Definition of Corruption
Keywords
campaign finance reform, Supreme Court, corruption, political participation, elections, free speech
Abstract
This paper argues that to protect free speech, the Supreme Court must authorize stricter limits on independent expenditures and expand the legal definition of corruption. It scrutinizes the historical trajectory of Supreme Court rulings concerning the control of political expenditure, emphasizing the delicate balance between safeguarding freedom of expression and mitigating corruption in electoral processes. The paper highlights the Court's limited interpretation of corruption, advocating for a broader conceptualization that encompasses not only direct quid pro quo transactions but also subtler forms of corruption including undue influence and distortion. The paper illustrates how unregulated independent expenditures can subvert democratic principles by skewing political discourse, perpetuating inequalities, and corroding public trust. It contends that existing campaign finance laws inadequately address corruption and proposes solutions to impose constraints on independent expenditures, thereby fortifying democratic integrity and fostering equitable political engagement.
BYU ScholarsArchive Citation
Crawford, Annabelle
(2024)
"Free Speech or Fair Elections? A Call for Campaign Finance Reform and a New Definition of Corruption,"
Brigham Young University Prelaw Review: Vol. 38, Article 5.
Available at:
https://scholarsarchive.byu.edu/byuplr/vol38/iss1/5