Campaign Speech Lies at the Heart of the First Amendment

That’s why it must be defended, even if doing so is unpopular.

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The stage stands ready for the first 2020 U.S. presidential debate in Cleveland, Ohio, September 29, 2020.

Eric Baradat/AFP via Getty Images

Here’s a thought experiment: What percentage of your fellow citizens would have to vote against one of your constitutional rights before it ceased to be a right? Fifty-one percent? Seventy-five? Ninety? I suggest that no such threshold exists. A constitutional right, by definition, is not subject to a vote.

Yet that question was very much at issue recently, when the U.S. Court of Appeals for the First Circuit heard oral argument in Dinner Table Action v. Schneider. The case tests how far a state may go in limiting contributions to super PACs — political action committees that spend independently and do not coordinate with candidates. My organization, the Institute for Free Speech, represents the plaintiffs challenging the law.

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About the Author

Bradley A. Smith

Bradley A. Smith is chairman of the Institute for Free Speech and a former chairman of the Federal Election Commission.

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