Is “Dependence Corruption” Distinct from a Political Equality Argument for Campaign Finance Laws? A Reply to Professor Lessig

This essay responds to Professor Lawrence Lessig's argument that “dependence corruption,” the government interest he advances to support the constitutionality of his proposed campaign finance reforms, is analytically distinct from an interest in promoting political equality. It argues that Lessig's dependence corruption argument encourages fuzzy thinking about the political equality rationale. By being more precise about what is at stake with campaign finance regulation, and the potential costs to free expression, supporters of reasonable regulation will be better positioned to defend a new set of laws. In the end, the debate over dependence corruption helps elucidate the best and worst types of political equality arguments to advance to a future Supreme Court and American public.