Lessig Responds to Blackman and Ramsey on Originalism in Campaign Finance

Key sentences from Larry: “It’s certainly true that Buckley isn’t an originalist opinion. But my question is how an originalist should apply the precedent s/he (ok, he) finds.”

That helps me to understand where Larry is coming from; I had thought (and still think) the originalist would ask a different question in McCutcheon: “would the Framers have considered it to be an “abridgement” of “freedom of speech” to limit campaign spending (or contributions)?”

UPDATE: Blackman responds.

Share

Comments are closed.