Defending Citizens United: How Campaign Finance Laws Restrict Free Speech

By Elizabeth Price Foley
Published Oct 31, 2015

Why is there rampant opposition to—and misunderstanding about—the Supreme Court's decision on Citizens United v. Federal Election Commission? And are the vehement condemnations of the Citizens United decision based on ignorance or motivated by a desire to achieve certain desired political ends? This book offers a vigorous defense of Citizens United, dissecting the two foundational principles of free speech (political speech and spending money as a form of "free speech") and demonstrating why they support the Court's decision.

Written by a well-known scholar as well as an attorney, this book explores the complex reasons why the Supreme Court's final ruling on Citizens United had such a wide-reaching impact on campaign financing in both national and local elections. Author Elizabeth Price Foley guides readers to the inevitable conclusion that when individuals band together to form groups—be they corporations, unions, or associations—they do not suddenly lose their First Amendment right to free speech, and documents how narrow "free speech" would be if the Citizens United decision had gone the other way.

Why is there rampant opposition to—and misunderstanding about—the Supreme Court's decision on Citizens United v. Federal Election Commission? And are the vehement condemnations of the Citizens United decision based on ignorance or motivated by a desire to achieve certain desired political ends? This book offers a vigorous defense of Citizens United, dissecting the two foundational principles of free speech (political speech and spending money as a form of "free speech") and demonstrating why they support the Court's decision.

Written by a well-known scholar as well as an attorney, this book explores the complex reasons why the Supreme Court's final ruling on Citizens United had such a wide-reaching impact on campaign financing in both national and local elections. Author Elizabeth Price Foley guides readers to the inevitable conclusion that when individuals band together to form groups—be they corporations, unions, or associations—they do not suddenly lose their First Amendment right to free speech, and documents how narrow "free speech" would be if the Citizens United decision had gone the other way.

• Provides a compelling investigation of the meeting of politics and constitutional interpretation—a highly polarizing topic in political campaigning, interest group politics, and legal studies

• Debunks the myth that Citizens United somehow favors the wealthy, makes politicians the puppets of wealthy donors, or encourages political corruption

• Demonstrates how Citizens United encourages individuals of modest means to have their voice heard, and indeed evens the playing field between rich and poor in political speech