Four years ago, I wrote a post asking “Can Americans Be Trusted With Campaign Finance Disclosure?” I noted that, while some people want to limit political spending either by limiting how much people can contribute or by limiting how much candidates can spend, the First Amendment (at least as currently interpreted by the Supreme Court) doesn’t allow either of those. Therefore, as I said back then:
“[T]hey fall back on disclosure of contributions. If we can’t limit spending, they say, at least we can require contributions and spending to be disclosed. In the words of Supreme Court Justice Louis Brandeis (before he was on the Court), ‘[s]unlight is said to be the best of disinfectants.’”
But, I asked, as I do again in the title of this post: Can Americans be trusted with campaign finance disclosure? This question recently returned when a federal district court judge threw out a 37-year old Federal Election Commission rule dealing the disclosures that nonprofit advocacy groups have to make with respect to the names of their donors. Without going into the technical detail of the case,1 the judge’s ruling increases the number of people whose names have to be disclosed, even though the people aren’t making contributions to candidates, but just to groups that are making independent political expenditures.
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