To: The United States House of Representatives and The United States Senate
Money-Isn't-Speech Constitutional Amendment
Whereas Freedom of Speech is the liberty to express one’s own opinions and ideas without hindrance, and does not include the right to amplify the speech of others, nor to dominate the discourse in political contests; and
Whereas a number of Supreme Court rulings have interpreted Freedom of Speech to protect the right of private entities to fund election campaigns and otherwise to use private funds to dominate public perception of candidates and issues in the context of political campaigns,
Be it Resolved that neither Freedom of Speech, nor the Right to Petition Government, nor any other existing constitutional principle abridges the complete and exclusive right of We the People of these United States, through our elected legislative bodies, to control and regulate the financial resources through which messages with political intent are communicated to the electorate in connection with political campaigns at the national, state, and local levels.
Whereas a number of Supreme Court rulings have interpreted Freedom of Speech to protect the right of private entities to fund election campaigns and otherwise to use private funds to dominate public perception of candidates and issues in the context of political campaigns,
Be it Resolved that neither Freedom of Speech, nor the Right to Petition Government, nor any other existing constitutional principle abridges the complete and exclusive right of We the People of these United States, through our elected legislative bodies, to control and regulate the financial resources through which messages with political intent are communicated to the electorate in connection with political campaigns at the national, state, and local levels.
Why is this important?
Many individuals and organizations, spanning the ideological spectrum, are concerned about the functioning of our democracy and about the rights and limitations of individuals to use their wealth to influence the political process. Most often, it is the principle of Freedom of Speech that has been used to defend the rights of individuals to contribute their private funds to political campaigns. But Free Speech already has a meaning: “Liberty to express opinions and ideas without hindrance, and especially without fear of punishment” (Oxford Dictionary of Politics). There may be other grounds to defend private funding of electoral campaigns, but Freedom of Speech should not be used by the courts to curtail the important public discussion and decision about the balance of our individual and collective rights. This Amendment restores to citizens the right to set the ground rules for financing of elections. It does not prejudge what those ground rules should be.