Unfree Speech: The Folly of Campaign Finance Reform [Hardcover]

Bradley A. Smith (Author)

Book Description

Publication Date: March 1, 2001

At a time when campaign finance reform is widely viewed as synonymous with cleaning up Washington and promoting political equality, Bradley Smith, a nationally recognized expert on campaign finance reform, argues that all restriction on campaign giving should be eliminated. In Unfree Speech, he presents a bold, convincing argument for the repeal of laws that regulate political spending and contributions, contending that they violate the right to free speech and ultimately diminish citizens' power.

Smith demonstrates that these laws, which often force ordinary people making modest contributions of cash or labor to register with the Federal Election Commission or various state agencies, fail to accomplish their stated objectives. In fact, they have worked to entrench incumbents in office, deaden campaign discourse, burden grassroots political activity with needless regulation, and distance Americans from an increasingly professional, detached political class. Rather than attempting to plug "loopholes" in campaign finance law or instituting taxpayer-financed campaigns, Smith proposes a return to core First Amendment values of free speech and an unfettered right to engage in political activity.

Smith finds that campaign contributions have little corrupting effect on the legislature and shows that an unrestrained system of contributions and spending actually enhances equality. More money, not less, is needed in the political system, Smith concludes. Unfree Speech draws upon constitutional law and historical research to explain why campaign finance regulation is doomed and to illustrate the potentially drastic costs of efforts to make it succeed. Whatever one thinks about the impact of money on electoral politics, no one should take a final stand without reading Smith's controversial and important arguments.

Editorial Reviews

From Publishers Weekly

Law professor and Federal Election Commission member Smith does not beat around the bush: "Almost everything the American people know, or think they know, about campaign finance reform is wrong," and he proceeds to say why in a work that is both enlightening and entertaining. The popular perception of campaign financing is that of a corrupt system in which a few wealthy contributors have undue influence upon the decisions of lawmakers. In fact, Smith goes to great lengths to show, the system works pretty well. Comparatively, he says, not that much is really spent on campaigns Americans spend more on both potato chips and Barbie dolls and there is little if any proof that the system does in fact corrupt or privilege one group's interests over those of others. But reformers must reform, and in doing so, Smith says, they have made matters worse. Reform has tended to favor incumbents and wealthy candidates, to discourage grassroots organizing, to turn campaign discussion into a mush of platitudes. And with every reform failure the reformers must add another reform, until campaign finance regulation becomes a "mosh pit" of confusion and cross-purposes. This might all be funny were it not, Smith contends, that campaign finance reform is simply unconstitutional he argues that it threatens the freedom of speech guaranteed by the First Amendment. To say the least, there are many who will disagree with Smith's findings and conclusions. But this is a marvelous contrarian view: moderate in tone, elegant in language, clever in argument. (Mar.)Forecast: Could a book be more timely? If Princeton promotes it vigorously, it should generate some controversy among pundits and sell honorably well.

Copyright 2001 Cahners Business Information, Inc.

From Booklist

In early 2000, Smith, a professor at Capital University Law School in Columbus, Ohio, was nominated to a six-year term on the Federal Election Commission. That's significant because Smith is a notable academic supporter of the notion that money equals speech, the position partially espoused by the U.S. Supreme Court in Buckley v. Valeo and aggressively presented by some Republicans in opposing current campaign finance reform legislation. His book explores the history (and unintended consequences) of previous campaign finance regulation, discusses constitutional issues, and analyzes future alternatives. At the center of Smith's argument is a utilitarian analysis of the behavior of candidates, contributors, and voters. He challenges reformers' assumptions that too much money is spent on campaigns, giant contributions drown out the voice of the people, spending determines results, and campaign money corrupts Congress. Although more sympathetic to disclosure than to contribution limits, Smith is ultimately a First Amendment absolutist, urging that any limitation on campaign contributions restricts free speech. Both opponents and supporters of McCain-Feingold should spend some time with this thoughtful study. Mary Carroll
Copyright © American Library Association. All rights reserved

See all Editorial Reviews

Product Details

• Hardcover: 318 pages
• Publisher: Princeton University Press; Later Printing edition (March 1, 2001)
• Language: English
• ISBN-10: 0691070458
• ISBN-13: 978-0691070452
• Product Dimensions: 9.5 x 6.4 x 1 inches
• Shipping Weight: 1.4 pounds
• Average Customer Review: 4.8 out of 5 stars  See all reviews (9 customer reviews)
• Amazon Best Sellers Rank: #291,182 in Books (See Top 100 in Books)

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Most Helpful Customer Reviews

9 of 11 people found the following review helpful:

5.0 out of 5 stars Fresh Thinking on an Old Problem, March 4, 2001

By A Customer

This review is from: Unfree Speech: The Folly of Campaign Finance Reform (Hardcover)

There are lots of sensationalistic books out there about politics and money, most with sensationalistic titles: "The Money Chase," "The Money Men," "The Buying of the President," "The Best Congress Money Can Buy," "The Corruption of American Politics," etc. ad nauseum.

Smith's book is different. Smith argues that the problem of money in politics is vastly overblown, and presents both empirical data and theory to show why. He explains how money in politics actually helps political outsiders and traditionally disadvantaged groups and candidates. He argues convincingly that money makes politics *more* equal, not less. If any of these notions seem strange, consider (as Smith shows) that those who write from the opposing point of view are largely the ones who have created our current campaign finance system.

The writing is at times eloquent, yet straight forward and to the point. For example, would government funding solve the problem? Smith points out that "We have 100 percent government financing of the presidential general election campaigns now." Yet no one thinks that has solved the problems of presidential elections. Should campaign spending by interest groups be limited? The McCain-Feingold bill tries to do so on the grounds that candidates should "control" their campaigns. But Smith asks, "Are efforts to persuade fellow citizens how to vote 'corrupting,' or are they the essence of democracy?" Do you join those who ridicule the position of the United States Supreme Court, that limits on campaign spending restrict free speech? Well, says Smith, "Suppose that government limited the amount that a newspaper could spend to publish its paper, or that a broadcast station could spend to be on the air?" He adds, "If spending money were not a form of speech, the First Amendment would become hollow, since any effort to spread one's message could be stripped of First Amendment protections simply by limiting the expenditure of money." Smith shows how regulation restricts, rather than supports, the ability of average Americans to make their voices count. Big players employ consultants and lawyers to work around the law, but average Americans get run over by it. "[Regulation] has served only to distance Americans from politics and politicians," he concludes.

Again and again, Smith takes common assumptions about campaign finance, and turns them around. The end result is a book about money and politics that is interesting and different. After reading this book, the honest reader will find it difficult to think about campaign finance reform in the same old way.

4 of 4 people found the following review helpful:

5.0 out of 5 stars Converted Me!, November 14, 2002

By 

"bruney6" (Columbus, OH USA) - See all my reviews

This review is from: Unfree Speech: The Folly of Campaign Finance Reform (Hardcover)

This book changing my way of thinking 180 degrees. I was a huge John McCain and Campaign Finance Reform fan, but I read this book just to see what the other side had to say. I am sure glad I did! Smith points out many problems with alleged reform on mulitple levels. If you are interested in campaign finance reform, however you may feel about the subject, I suggest you read this book.

8 of 10 people found the following review helpful:

5.0 out of 5 stars A must read for those who genuinely care about freedom, February 14, 2001

By A Customer

This review is from: Unfree Speech: The Folly of Campaign Finance Reform (Hardcover)

Mr. Smith's book is a breath of fresh air in the altogether stagnant debate about the "evil" of money in politics. Smith gives a concise and enlightening history of attempts to control money and speech in American politics and devotes a substantial portion of the book to looking at various "remedies" to the "problem of money." He offers a unique and well-researched look at the many wrong assumptions and fallacious ideas surrounding the current debate on campaign finance. However, as well-written and easy to read as the entire book is, NO ONE should miss reading the last chapter. It is thoughtful, passionate, mind-expanding, and should compell everyone who reads it to stand up for freedom of speech, lest we lose it forever.