Strong words from Robert J. Samuelson of the Washington Post today:
We’ve arrived at this juncture because it’s logically impossible both to honor the First Amendment and to regulate campaign finance effectively. We can do one or the other — but not both. Unfortunately, Congress and the Supreme Court won’t admit the choice. The result is the worst of both worlds. We gut the First Amendment and don’t effectively regulate campaign finance.
A round square, a married bachelor, and an explicit contradiction are logically impossible. It must be something about the definition of bachelor (an unmarried man) that makes it logically impossible for one to be married. The same, unfortunately for Mr. Samuelson, is not the case with campaign finance and speech. One might notice first of all that these are of entirely different categories–speech and money. Second, one might also notice that certain types of speech are regulated under the First Amendment–yelling “fire” in a crowded theater is the most famous example. Libel and slander, with their consequent penalties, also fall under the heading of “regulated” speech. Complete ownership of the airwaves, or their domination by the government in power, are also regulated. Now none of this means that it is not difficult to balance free speech and campaign finance, it means merely that it is not logically impossible.