Monday, April 08, 2013
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“The Original Sin of Campaign Finance Law: Why Buckley v. Valeo is Wrong”
A few of the reasons Buckley is wrong:
1. the "exacting" standard of scrutiny is too low for the core political speech at issue.
2. the express advocacy standard has proven unworkable. i plan a post on this shortly.
3. in hindsight, severability was inappropriate; the court should have just struck down the regs and said try again.
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