Free Speech and Campaign Finance Regulations

Abstract:

The First Amendment to the Constitution prohibits Congress from abridging free speech and the Fourteenth Amendment has been interpreted to extend those prohibitions to state and local governments as well. Over time the Supreme Court has interpreted speech to extend to financial contributions to campaigns, political parties and other political organizations engaged in influencing election results. In addition, the Court has extended some rights of personhood to corporations, including protections of corporate speech against government infringement. Starting after the Watergate scandal, Congress has attempted at several junctions to limit the financial contributions of individuals and corporations to political entities. The Supreme Court, in response, has invalidated an increasing number of those restrictions as unconstitutional restrictions of free speech. Campaign finance regulations and the constitutional protection of free speech raise difficult and essential questions about the role and impact of money in elections and what constitutes an effective democracy.

Essential Question:

  • Does the danger of corruption justify restricting the use of money as a form of political speech under the First Amendment?

Videos and Media

Take a look at a couple significant Supreme Court cases that have gotten us to our current definition of free speech, and we’ll also discuss some of the more controversial aspects of free speech – like hate speech.

Primary Elections Explained

A deep dive into the First Amendment, which guarantees US citizens freedom of religion, speech, press, and assembly.

The story about the struggle over the Bill of Rights is told in this documentary, which explains how these individual freedoms that often are taken for granted today were controversial among the founding fathers and how they were eventually ratified. Ten short videos address each of the amendments.

“A large portion of my day is spent on video calls helping parents to teach their kids the right material. Because of all that I’m constantly looking for great online resources to share with the parents of the kids I work with and I came across your NH Civics page while looking up social studies resources. It’s been a great help and had a lot of great sites I could send the kids and their parents to for some extra material to work with. Just thought I should reach out and thank you for putting it all together!”

– Thomas Johnson

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