October 08, 2007

"Justice Thomas: Leading the Way to Campaign Finance Deregulation"

I have written this analysis for the First Amendment Center, part of this symposium on Justice Thomas's First Amendment jurisprudence. My analysis begins: "Justice Clarence Thomas has not been afraid to go it alone when it comes to expressing the view that the First Amendment prohibits most, if not all, campaign-finance regulation. Twice he has taken a position rejected by his eight other colleagues in this area. But Justice Thomas' clear, if radical, deregulatory vision has proven to be influential, drawing other justices (perhaps soon a majority) toward his view that money spent on election-related advertising and other forms of speech cannot be limited by the government."

Posted by Rick Hasen at October 8, 2007 12:27 PM