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Constitutional Law

University of Georgia School of Law

2016

Corporate Political Spending

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The Media Exemption Puzzle Of Campaign Finance Laws, Sonja R. West Jan 2016

The Media Exemption Puzzle Of Campaign Finance Laws, Sonja R. West

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In the 2010 case of Citizens United v. Federal Election Commission, the United States Supreme Court solidified the media exemption dilemma in campaign finance law. When attempting to address concerns about corporate campaign expenditures (i.e., corporate political speech), legislatures are now stuck between a rock and a hard place. Regulate media corporations, and they violate press freedoms. Exempt media corporations from the regulations, however, and they are accused of speaker discrimination.

Thus the question of how to treat the press in campaign finance law can no longer be ignored. Can legislatures, without running afoul of the First Amendment, ever regulate …