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Learning objectives

By the end of this section, you will be able to:

  • Identify the various court cases, policies, and laws that outline what interest groups can and cannot do
  • Evaluate the arguments for and against whether contributions are a form of freedom of speech

How are lobbying and interest group activity regulated? As we noted earlier in the chapter, James Madison viewed factions as a necessary evil and thought preventing people from joining together would be worse than any ills groups might cause. The First Amendment guarantees, among other things, freedom of speech, petition, and assembly. However, people have different views on how far this freedom extends. For example, should freedom of speech as afforded to individuals in the U.S. Constitution also apply to corporations and unions? To what extent can and should government restrict the activities of lobbyists and lawmakers, limiting who may lobby and how they may do it?

Interest groups and free speech

Most people would agree that interest groups have a right under the Constitution to promote a particular point of view. What people do not necessarily agree upon, however, is the extent to which certain interest group and lobbying activities are protected under the First Amendment.

In addition to free speech rights, the First Amendment grants people the right to assemble. We saw above that pluralists even argued that assembling in groups is natural and that people will gravitate toward others with similar views. Most people acknowledge the right of others to assemble to voice unpopular positions, but this was not always the case. At various times, groups representing racial and religious minorities, communists, and members of the LGBT community have had their First Amendment rights to speech and assembly curtailed. And as noted above, organizations like the ACLU support free speech rights regardless of whether the speech is popular.

Today, the debate about interest groups often revolves around whether the First Amendment protects the rights of individuals and groups to give money, and whether government can regulate the use of this money. In 1971, the Federal Election Campaign Act was passed, setting limits on how much presidential and vice-presidential candidates and their families could donate to their own campaigns.

Wright, Interest Groups and Congress: Lobbying, Contributions, and Influence ; Rozell, Wilcox, and Franz, Interest Groups in American Campaigns: The New Face of Electioneering .
The law also allowed corporations and unions to form PACs and required public disclosure of campaign contributions and their sources. In 1974, the act was amended in an attempt to limit the amount of money spent on congressional campaigns. The amended law banned the transfer of union, corporate, and trade association money to parties for distribution to campaigns.

In Buckley v. Valeo (1976), the Supreme Court upheld Congress’s right to regulate elections by restricting contributions to campaigns and candidates. However, at the same time, it overturned restrictions on expenditures by candidates and their families, as well as total expenditures by campaigns.

Buckley v. Valeo , 75-436, 424 U.S. 1 (1976).
In 1979, an exemption was granted to get-out-the vote and grassroots voter registration drives, creating what has become known as the soft-money loophole; soft money    was a way in which interests could spend money on behalf of candidates without being restricted by federal law. To close this loophole, Senators John McCain and Russell Feingold sponsored the Bipartisan Campaign Reform Act in 2002 to ban parties from collecting and distributing unregulated money.

Questions & Answers

what are the purpose of courts
ABUKAR Reply
Why does the devolution of power cause an increase in the number and types of interests?
Karen Reply
Bigger the governments or in devolution, number of governments, more people come to power, so more corruption.Federal system is also example of devolution, WHERE three lists are made, one handled solely by centre like Defence etc., other decided by provincial gov as edu., other example is Scotland.
Saleem
examples of countries with direct democracy?
Nicolas Reply
what is four main reason of government
Abubakarr Reply
how is the president in United States
Abubakarr
I m not staying in United states but I wish to go they
hasan
Which of the following is true of spending in politics
Ashley Reply
what is government
Michael Reply
is the system to govern a state or community
Gumersindo
what is government
Meyty
what 2 important issues went unresolved in the constitution?
Queenie Reply
the 1957 Ghana constitution
Ahorlu Reply
The framers of the Constitution designed the Senate to filter the output of the sometimes hasty House. Do you think this was a wise idea? Why or why not?
Emily Reply
what is freedom?
syed Reply
what is political eqaulity
syed
what is federalism?
Maria Reply
federalism Federalism is a system of government in which entities such as states or provinces share power with a national government. The United States government functions according to the principles of federalism.
deborah
panyaring means
Opata
meaning of panyaring
Opata
what is government
Opata
what is democracy
helen
Democracy is the government of the people by the praise people and for the people
Royal
What is the REPUBLIC ? How many states is federalism In ?
Jr
opata city government ? county government ? I or state government? FEDERAL government.?
Jr
DEMOCRACY democrats democratic democratics ? Easiest answer Blue red and white . red = REPUBLICANS not republic! Republican white is LIBERAL neither side left wing or right wing .
Jr
how is power dispered in American federalism?
Savannah Reply
how is power dispersed in American federalism?
Savannah
what three factors molds nations, state, relations today
Savannah
what three factors mold national,state relations today
Savannah
In which areas do you think peoples rights and liberties are at risk of government intrusion?
camille Reply
whenever......new government
Marjan Reply
clearly,who was meant to be in charge of this new government?
Marjan
What is and who is required to file a foreign agent registration statement form
David Reply

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Source:  OpenStax, American government. OpenStax CNX. Dec 05, 2016 Download for free at http://cnx.org/content/col11995/1.15
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