Law Commons^™

Remembering Democracy In The Debate Over Election Reform, Matthew Michael Calabria

Duke Law Journal

In FEC v. Wisconsin Right to Life, Inc., the United States Supreme Court held that the federal Bipartisan Campaign Reform Act violated the First Amendment right to free speech because the statute restricted a form of political speech known as issue advocacy. In attempting to protect this right from government intrusion, however, the Court improperly excluded considerations of democracy from its free speech analysis. The opinion consequently misrepresented the nature of the right to free speech for two independent but related reasons. First, because preserving a well-functioning democracy is the primary reason free speech is protected, the right to free …