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The Debate Continues: Individuals
and Organizations Have a
Constitutional Right to Unlimited
Spending on Their Own Political
Speech
Illustration by Thomas James
Introduction
Americans’ constitutional right to free speech would appear to
ensure a diverse political landscape.
The freedom of citizens, media outlets, workers’ unions, and
other organizations to express their opinions on political issues
and candidates allows for a wide variety of viewpoints and
opinions to enter public discourse.
However, many argue that the freedom to funnel unlimited
financial resources into political speech creates an unequal
playing field where the opinions of the wealthiest groups and
individuals are the loudest.
Debate Overview
This issue has returned once more to the forefront of political discourse
as candidates begin their campaigns for the 2016 election, with reports
that total spending on TV advertisements alone will exceed $4.4 billion,
along with Donald Trump’s claims that he would be willing to spend $1
billion on his own campaign.
Should individuals and organizations be subject to spending limitations
when it comes to political speech?
In June 2014, Intelligence Squared US partnered with the National
Constitution Center to explore this question with a debate on the
motion, “Individuals and Organizations Have a Constitutional Right to
Unlimited Spending on Their Own Political Speech.”
Unlimited Spending
IQ2US moderator John Donvan introduced the motion to a live
audience at the National Constitution Center in Philadelphia. He began,
“So look at all of the ways that Americans can use their own money to
give themselves a voice in politics. They can buy TV time, they can pay
to get books written, they can put ads in the newspaper, they can put up
yard signs. And here is the argument about that: It doesn't seem fair that
people with the most money get to have the loudest voices. It seems like
it would be corrupting. It seems un-American. But here is the
counterargument. It doesn't seem fair to tell people how much of their
own money they can spend to say what they want because that sounds
like censorship, and that seems un-American. That sounds like it has the
makings of a debate.”
First Amendment
Clarifying the debate topic, National Constitution Center
president and chief executive officer Jeffrey Rosen added,
“We're not debating the issue about whether contributions
to candidates can be limited. There are some principal First
Amendment advocates, both liberal and conservative, who
think that limits on expenditures or contributions violate the
First Amendment. We didn't choose that motion because
that's a rather high octane position […] we rather carefully
tailored the motion to be something that should be open to
all of you.”
Debate Results
As hopeful presidential candidates begin to debate issues
such as national security, foreign relations, the economy,
social policy, and the environment, their very means of
funding this speech continues to drive discourse as well.
You can still weigh in on the issue on the IQ2US poll today:
http://intelligencesquaredus.org/debates/past-
debates/item/1141-individuals-and-organizations-have-a-
constitutional-right-to-unlimited-spending-on-their-own-
political-speech 2

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The Debate Continues: Individuals and Organizations Have a Constitutional Right to Unlimited Spending on Their Own Political Speech

  • 1. The Debate Continues: Individuals and Organizations Have a Constitutional Right to Unlimited Spending on Their Own Political Speech Illustration by Thomas James
  • 2. Introduction Americans’ constitutional right to free speech would appear to ensure a diverse political landscape. The freedom of citizens, media outlets, workers’ unions, and other organizations to express their opinions on political issues and candidates allows for a wide variety of viewpoints and opinions to enter public discourse. However, many argue that the freedom to funnel unlimited financial resources into political speech creates an unequal playing field where the opinions of the wealthiest groups and individuals are the loudest.
  • 3. Debate Overview This issue has returned once more to the forefront of political discourse as candidates begin their campaigns for the 2016 election, with reports that total spending on TV advertisements alone will exceed $4.4 billion, along with Donald Trump’s claims that he would be willing to spend $1 billion on his own campaign. Should individuals and organizations be subject to spending limitations when it comes to political speech? In June 2014, Intelligence Squared US partnered with the National Constitution Center to explore this question with a debate on the motion, “Individuals and Organizations Have a Constitutional Right to Unlimited Spending on Their Own Political Speech.”
  • 4. Unlimited Spending IQ2US moderator John Donvan introduced the motion to a live audience at the National Constitution Center in Philadelphia. He began, “So look at all of the ways that Americans can use their own money to give themselves a voice in politics. They can buy TV time, they can pay to get books written, they can put ads in the newspaper, they can put up yard signs. And here is the argument about that: It doesn't seem fair that people with the most money get to have the loudest voices. It seems like it would be corrupting. It seems un-American. But here is the counterargument. It doesn't seem fair to tell people how much of their own money they can spend to say what they want because that sounds like censorship, and that seems un-American. That sounds like it has the makings of a debate.”
  • 5. First Amendment Clarifying the debate topic, National Constitution Center president and chief executive officer Jeffrey Rosen added, “We're not debating the issue about whether contributions to candidates can be limited. There are some principal First Amendment advocates, both liberal and conservative, who think that limits on expenditures or contributions violate the First Amendment. We didn't choose that motion because that's a rather high octane position […] we rather carefully tailored the motion to be something that should be open to all of you.”
  • 6. Debate Results As hopeful presidential candidates begin to debate issues such as national security, foreign relations, the economy, social policy, and the environment, their very means of funding this speech continues to drive discourse as well. You can still weigh in on the issue on the IQ2US poll today: http://intelligencesquaredus.org/debates/past- debates/item/1141-individuals-and-organizations-have-a- constitutional-right-to-unlimited-spending-on-their-own- political-speech 2