Monday, April 2, 2007

McCain-Feingold Review

Cato-at-Liberty has a nice article on McCain-Feingold and it's effects on the last election. It makes a number of interesting points about a law so sketchy that was signed by the president with the understanding that it would be found unconstitutional later.

Ornstein and Corrado suggest the law reduced the number of negative ads. But that’s pure speculation. Judging by the complaints of the “reform community,” campaigns remain as negative as ever. Of course, negative advertising is good for American democracy, and in any case, advocates always said campaign finance regulations concerned money and not the content of speech. If BCRA really sought to improve the content of speech, doesn’t that mean the law violated the First Amendment from the start?


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