By applying First Amendment jurisprudence to campaign finance measures, this Note argues that the Supreme Court has misallocated campaign finance within its doctrinal scheme. This doctrinal misallocation has stymied the ability of legislatures to enact effective reforms to reduce the role of money in politics. This Note argues that money in the political process more closely resembles property than speech and should therefore be analyzed under a less stringent property review. This Note concludes by proposing a standard of review developed from the Court's property jurisprudence.
Money as Property: The Effects of Doctrinal Misallocation on Campaign Finance Reform,
U. Mich. J. L. Reform
Available at: https://repository.law.umich.edu/mjlr/vol41/iss3/5