"Foreign" campaign contributions and the First Amendment
Article Abstract:
Proposed restrictions on campaign contributions by foreign corporations with US subsidiaries and resident aliens would be constitutionally infirm because they violate the free speech rights of both groups. Campaign finance laws have only been upheld when they serve the compelling interest of reducing corruption. The proposed laws are not narrowly tailored to serve such interests and are content-based restrictions on political speech. Congress should not use individuals and corporations with foreign ties as scapegoats and should focus on more fundamental flaws in campaign finance.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1997
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Freedom of speech, shielding children, and transcending balancing
Article Abstract:
The US Supreme Court's 1997 decision in Reno vs. ACLU was correct but did not adequately address free speech issues. The Court struck down the Communications Decency Act (CDA), which banned offensive speech of sexual or excretory nature from the Internet to protect children. The Court stated Congress should have accomplished its goals with less free speech restrictions. The court should have used the case to set standards by which free speech can never be violated.
Publication Name: Supreme Court Review
Subject: Law
ISSN: 0081-9557
Year: 1997
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