Big Money Unleashed: The Campaign to Deregulate Election Spending

The First Amendment has become an obstacle to campaign finance regulation, as Supreme Court decisions have found that campaign finance regulations violate the First Amendment. Big Money Unleashed argues that this impasse is the result of a long-term process involving many players, including justices, attorneys, legal advocacy groups, wealthy patrons, and networks.

Format: Paperback / softback
Length: 336 pages
Publication date: 02 January 2024
Publisher: The University of Chicago Press

The story of how the First Amendment became an obstacle to campaign finance regulation is a complex and multifaceted one, with roots that extend far earlier than most people imagine. Americans across political lines believe that public policy is rigged in favor of those with significant financial resources in elections, yet legislators are constrained in addressing these concerns due to a series of Supreme Court decisions that have found that campaign finance regulations violate the First Amendment.

Big Money Unleashed, a new book by legal scholar and author Adam Bonica, argues that our current impasse is the result of a long-term process involving a diverse range of players. Naturally, the justices played critical roles in shaping this narrative, but so did the attorneys who developed the theories necessary to support the legal doctrine, the legal advocacy groups that advanced these arguments, the wealthy patrons who financed these efforts, and the networks through which they coordinated strategy and held the Court accountable.

To explore this history, Bonica draws from a wide range of sources, including interviews with key players, public records, and archival materials. In the book, he chronicles how these players borrowed a litigation strategy pioneered by the NAACP to dismantle racial segregation and used it to advance a very different type of cause: the regulation of campaign finance.

One of the key themes of Big Money Unleashed is the role of wealthy patrons in shaping the legal and political landscape. Bonica argues that these patrons, often with deep ties to the financial industry, were instrumental in funding the efforts to challenge campaign finance regulations and in shaping the legal arguments that were advanced in support of their position. He also highlights the ways in which these patrons worked to coordinate their strategy and hold the Court accountable for its decisions.

Another important aspect of the book is the role of legal advocacy groups in advancing the cause of campaign finance regulation. Bonica argues that these groups, often led by prominent attorneys and academics, played a critical role in developing the legal theories and arguments that were used to support the regulations. He also highlights the ways in which these groups worked to build public support for their cause and to pressure legislators to take action.

Despite the significant obstacles that have been placed in the way of campaign finance regulation, Bonica remains optimistic about the potential for change. He argues that the current impasse is the result of a long-term process that can be reversed by a combination of political will, public education, and legal innovation. He suggests that policymakers should consider a range of options, including the adoption of new campaign finance regulations, the expansion of public financing of elections, and the creation of new mechanisms for holding elected officials accountable.

In conclusion, the story of how the First Amendment became an obstacle to campaign finance regulation is a complex and multifaceted one that requires a deep understanding of the legal and political landscape. Big Money Unleashed provides a valuable contribution to our understanding of this history by exploring the roles of a diverse range of players and by highlighting the ways in which they have shaped the legal and political landscape. While there are significant obstacles to overcome, Bonica's book offers hope for a future in which campaign finance regulation is more effective and equitable.

Weight: 399g
Dimension: 229 x 152 x 23 (mm)
ISBN-13: 9780226830735