Article: Regulating speech will not stop political corruption

For several decades, most of the ingenuity that liberal academics have invested in First Amendment analysis has aimed to justify limiting the core activity that the amendment was written to protect -- political speech. These analyses treat free speech as not an inherent good but as a merely instrumental good, something justified by serving other ends -- therefore something to be balanced against, and abridged to advance, other goods.

The good for which Zephyr Teachout would regulate speech is combating corruption, which, as she understands it, encompasses most of contemporary politics. A visiting law professor at Duke, writing in the Cornell Law Review ("The Anti-Corruption Principle"), ...

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