Retired Justice John Paul Stevens tells Congress 'money is not speech'
Daniel Rothberg
April 30, 2014, 1:36 p.m.
Reporting from Washington
Unlimited campaign expenditures impair the democratic process, retired Supreme Court Justice John Paul Stevens told senators Wednesday, urging Congress to amend the Constitution to allow reasonable limits on election spending.
The Republican-appointed justice, who last testified before the Senate in his 1975 confirmation hearing, stressed the importance of creating a level playing field in elections. Stevens offered five points for enacting an amendment to correct what he views as an "error" in campaign finance jurisprudence originating from the Supreme Courts decision to overturn limits on campaign spending in its 1976 Buckley vs. Valeo ruling.
While money is used to finance speech, money is not speech, Stevens said. After all, campaign funds were used to finance the Watergate burglaries -- actions that clearly were not protected by the First Amendment.
Stevens, who led the courts liberal wing, cast campaign finance rules as a nonpartisan issue and said they would allow elected officials to better serve the public. While Stevens did not mention any recent cases by name, the former associate justice criticized Citizens United vs. Federal Election Commission, a 2010 decision preventing Congress from restricting independent political expenditures made by corporations and unions. Stevens argued regulations should distinguish between funding from constituents and contributions from corporations or out-of-state donors.
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http://www.latimes.com/nation/politics/politicsnow/la-pn-supreme-court-stevens-congress-money-speech-20140430,0,4630203.story