by Jeffrey Ober

Created on: November 16, 2009

The First Amendment to the US Constitution clearly states that Congress shall not make any law that abridges freedom of speech. And, of course, the only way to limit contributions by individuals would be to make a law.

Protections of the freedom of speech were put in place specifically to protect freedom of political speech. In today's economy and political climate, one of the ways that people use to express their political speech is to make donations to candidates with whom they agree. This is a basic freedom and to place limits on this power of people to be involved in politics would be quite disastrous to the country and the entire concept of the Republic.

Some who support limits on contributions would say that allowing individuals to give unlimited amounts of money would unduly influence elections. However, giving money to an individual is not the same as voting. A different set of people will be doing the actual voting, not the people who give money.

The only logical piece of unlimited donations should be an immediate disclosure of all donations. Each and every donation by an individual to any campaign should be reported within 24 hours and listed on-line in a public format. With that in place, any voter can see who is contributing to specific candidates and can make a decision to vote based on that information.

When limits are in place, this just causes individual candidates and parties to find ways around those limitations. For example, today a person can donate an unlimited amount of funds to a political action committee (PAC) or to a political party, and that party or PAC can then spend that money to support the candidate. This has the effect of the actual donors being hidden from the public view and also allows the candidate to receive support from donors without being associated with that donor.

Some who support limits on political donations also claim that the donations are in effect bribes. A donor might give a candidate some cash in exchange for the candidate voting a certain way on a law. Of course, there is no way to know if the candidate was already going to vote that way - but in addition, if there is open and immediate disclosure of all contributions, voters would have the ability to see the donation and the associated vote; and would be able to vote against that candidate in the next election, if desired.

In a country based on freedom, people should be absolutely free to use any money they have rightfully earned to support any candidate in any way they desire. To put any limits on expenditures or donations of individuals is an affront to freedom.

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