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46 N.Y.U. L. Rev. 900 (1971)
Campaign Spending Laws and the First Amendment

handle is hein.journals/nylr46 and id is 934 raw text is: CAMPAIGN SPENDING LAWS AND THE FIRST AMENDMENT MARTIN H. REDISH* As the mass media has assumed an ever greater role in our Nation's politics, the costs of campaigning for public office have dra- matically increased. Many observers fear that candidates who do not possess substantial personal wealth will be forced into a position of dependence on large contributors and that the public interest may therefore be seriously compromised. A commonly proposed solution to this problem has been the enactment of legislated limits on cam- paign spending, together with requirements that the source of all campaign contributions be fully disclosed. While applauding the ultimate goal of these measures, Mr. Redish argues that they may contravene the right of free expression protected by the first amend- ment. Rather than attempting to artificially restrict the ability of wealthy candidates to communicate with the public, he feels that we should reduce the importance of financial resources in political cam- paigns by devising measures which will provide all candidates with greater access to the media. Only in this manner, the author con- eludes, will the interests of democratic self-government be truly advanced. I INTRODUCTION T HE strong tie between access to financial resources and the ability to run for public office has long been noted by social commentators.' To obtain the votes necessary for election, a can- didate must get his message (or, given the strong influence of Madison Avenue on many contemporary campaigns, his image) across to the voting public. To accomplish this goal, a candidate must have the necessary funds for newspaper, television and radio advertising, as well as for the production of campaign lit- erature and the renting of billboard space. Simply stated, the more funds a candidate has available to him, the more vote- getting communication he will be able to purchase. * A.B., 1967, University of Pennsylvania; J.D., 1970, Harvard University. Member of the New York Bar. 1 See, e.g., Kelly, Pogo, N.Y. Post, April 22, 1971, at 77. Albert: When you says animals never got no money and so can't elect a president-you misses the point of democracy . . . officials are elected by votes, not dollars. Pogo: And how's the candidate impress the voter? Albert: Simple! He gets his message across usin' billboards, newspaper ads, teevy time, and all like .. urn ... hmmm ... well, uh ... nubslaggers! I be dogged. Imaged with the Permission of N.Y.U. Law Review

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