Campaign Finance and American Democracy

This article considers the vast academic literature on campaign finance regulation in the United States, drawing on the fields of political theory, American politics, election law, constitutional law, and economics. The scholarly treatment of campaign finance regulation has become increasingly focused on fundamental questions about democratic governance and democratic values, and it has generated profound debates about participation, representation, free speech, political equality, liberty, and the organization and distribution of political power in government and society. This article reviews the original debate about campaign finance regulation and traces its evolution in both political theory and constitutional law, identifying current areas of inquiry and new directions in research. In particular, the article focuses on corruption, political equality and representation, electoral exceptionalism, and the post–Citizens United landscape. It also surveys empirical findings from political science and economics.This work received SSHRC funding

REGULATION OF THE FREE-ADVERTISING AND THE FIRST AMENDMENT

The "new" line between communications that have full First Amendment protection and those that are subject to regulation is still in the process of being delineated by the Supreme Court; legal and mass a communication scholars are proposing a plethora of tests for future cases. Rather than proposing yet another test, this article starts from the premise that future advertising regulation cases will be based on legal philosophy and judicial "world view" as well as law and precedent. First Amendment law and advertising regulation concerns have historically been based on two different concerns and perspectives that have only recently been seen to interact. This article charts a perspective on the differences in the legal, philosophical and historical roots of these two areas, shows how and why they are now seen as interrelated and attempts to give some insight into possible future legal directions in this area. Copyright 1983 by The Policy Studies Organization.