Another Way, by Lawrence Lessig cover image

Another Way, by Lawrence Lessig

A Pathway to Regulating SuperPACs, with Ron Fein

Aug 31, 2023
46:23
Snipd AI
Ron Fein, Legal Director for Free Speech For People, discusses a legal mistake that could regulate SuperPACs. They explore the Supreme Court's perspective on regulating political money, the impact of implicit quid pro quo, corruption in campaign financing, bribery through contributions to Super PACs, and the potential for corruption in Super PACs. They also discuss the future of political action committees and a disappointing decision by the SGC.
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Podcast summary created with Snipd AI

Quick takeaways

  • The reasoning of the DC Circuit in the Speech Now decision, which allows super PACs to operate without regulation, contradicts the principles established in the Supreme Court's Citizens United decision and undermines the integrity of the democratic process.
  • Despite the challenges in addressing the flaws of the Speech Now decision through judicial review or legislative action, continued efforts to raise awareness, advocate for change, and highlight the inconsistencies in campaign finance laws are crucial to align public sentiment with the need for robust regulation on contributions to super PACs.

Deep dives

The Inconsistencies of Speech Now Decision

The podcast episode discusses the Speech Now decision and its implications for campaign finance. The host highlights the flaws in the reasoning of the DC Circuit, which concluded that contributions to independent expenditure committees known as super PACs could not involve quid pro quo corruption. The host and guest expert explain that this conclusion is illogical and contradicts the principles established in the Supreme Court's Citizens United decision. They provide hypothetical situations and real-life examples, such as the Menendez case, to demonstrate that contributions to super PACs can indeed be corrupted by implicit understandings or quid pro quo arrangements. They point out that the current legal landscape allows super PACs, which wield significant financial influence in elections, to operate without meaningful regulation or transparency, undermining the integrity of the democratic process.

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