Sen. Cornyn's Daily Question for Judge Sotomayor Question 18

Statement

Sen. Cornyn's Daily Question for Judge Sotomayor Question 18

What limits does the First Amendment impose on campaign finance regulation?

Explanation: The First Amendment protects the right of individuals to support political campaigns as well as the right of political campaigns to spend money to get out their message. The First Amendment's limitations reflect the reality that political speech is core First Amendment speech.

In a 1996 article, however, Judge Sotomayor appeared to lament this kind of political speech. She analogized campaign contributions to bribes and urged the passage of "strict" campaign finance laws:

Can elected officials say with credibility that they are carrying out the mandate of a ‘democratic' society, representing only the general public good, when private money plays such a large role in their campaigns? If they cannot, the public must demand a change in the role of private money or find other ways, such as through strict, well-enforced regulation, to ensure that politicians are not inappropriately influenced in their legislative or executive decision-making by the interests that give them contributions.

Hon. Sonia Sotomayor & Nicole A. Gordon, Returning Majesty to the Law and Politics: A Modern Approach, 30 Suffolk U. L. Rev. 35, 42 (1996)

Judge Sotomayor's apparent endorsement of strict campaign finance regulation fairly raises the question of how she would square her policy views with the requirements of the First Amendment. In the upcoming hearings, I hope Judge Sotomayor will explain her views of the First Amendment and the constitutionality of campaign finance regulations.

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