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re: The McCutcheon decision, money as speech, and the end of corruption
Posted on 4/18/14 at 4:48 pm to Rex
Posted on 4/18/14 at 4:48 pm to Rex
quote:Um. Wow, you're a legal genius I tell ya!!!
If giving money equals free speech, then, the obvious logical corollary is that bribery should be legal, unless we wish to punish speech.
If I give you money tomorrow because I approve of what you fight for, that's not bribery.
If, on the other hand, I ask you to vote a certain way in return for money, that would be bribery.
Not, to be certain, the latter happens. But, they are quite obviously two different things and thing 1 being legal doesn't mean thing 2 has to be.
Posted on 4/18/14 at 5:07 pm to ShortyRob
quote:
If I give you money tomorrow because I approve of what you fight for, that's not bribery.
That's correct.
quote:
If, on the other hand, I ask you to vote a certain way in return for money, that would be bribery.
That's also correct, but not under McCutcheon decision logic, which is the problem.
Because McCutcheon unequivocably (albeit not explicity) defines giving money as speech then we can logically rephrase your scenario thusly:
"If, on the other hand, I ask you to vote a certain way in return for urging you to vote a certain way, that would be bribery."
I have replaced your "money" with the speech it's supposed to represent according to the McCutcheon decision, and, as you can see, it leads to a logical absurdity. No, it WOULDN'T be bribery. The McCutcheon decision leads to absurdities.
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