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This page contains all of the posts and discussion on MemeStreams referencing the following web page: Geoffrey R. Stone: Is Money Speech?. You can find discussions on MemeStreams as you surf the web, even if you aren't a MemeStreams member, using the Threads Bookmarklet.

Geoffrey R. Stone: Is Money Speech?
by Decius at 12:03 pm EDT, Jul 4, 2012

Although the critics of Citizens United might well be right to condemn it and to call for a constitutional amendment to overrule it, they are misguided in their reliance on the refrain that "money is not speech."

Of course, money is not "speech." Money is money, a car is a car, and a ribbon is a ribbon. These are objects, not speech. But all of these objects, and many more besides, can be used to facilitate free speech. Consider a car. The government can lawfully impose all sorts of restrictions on how, when and where we can drive a car, and no one would argue that those restrictions implicate the First Amendment.

But suppose a city enacts a law prohibiting any person to drive a car in order to get to a political demonstration. Such a law would clearly implicate the First Amendment, not because a car is speech, but because the law restricts the use of a car for speech purposes.

Similarly, a ribbon is a ribbon. A ribbon is not speech. But a law that prohibits anyone to wear a pink ribbon for expressive purposes would clearly implicate the First Amendment, because it restricts the use of a ribbon for speech purposes.

Like a car or a ribbon, money is not speech. But when government regulates the use of money for speech purposes, it implicates the First Amendment.

It would be helpful if advocacy around Citizen's United was a little less radical.


 
 
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