The Squirrels Are Watching

Citizens United v. Federal Election Commission

Posted in Fact and Law by andrewfong on January 22, 2010

Citizens United v. Federal Election Commission apparently lifted the ban on corporations spending money in support of a candidate. I haven’t read the decision yet, but I have some general thoughts on free speech versus campaign finance reform generally.

On one hand, we don’t limit political speech. It runs contrary to the first amendment. You might say that corporations warrant a special exception, but there’s a lot of “potentially political” speech out there that I think should be protected. The second Star Wars prequel, V for Vendetta, V the TV show, and Avatar all could be construed as not-so-subtle attacks on certain politicians and parties, yet all of these were creative works by corporations worthy of first amendment protection (well, maybe not Attack of the Clones, but the rest are pretty good).

On the other hand, we really don’t want the wealthy being able to buy influence with large contributions. So what do we do?

Traditionally, the way to counter speech you don’t like is to speak up yourself. In the past, it was pretty hard because there was only so much airtime on TV or pages in print media. Today however, it’s really a lot easier. The costs of putting your own 30-second campaign ad on YouTube are trivial. Tools like Digg and Reddit make it easy for people-driven movements to raise awareness or draw attention to your YouTube clip without any of them spending a penny (well, maybe they have to pay for Internet access, but you get the idea).

The reason you can buy influence with money is that speech, the kind that reach large numbers of people, is expensive. As the cost of speech goes down, the influence of wealth does as well.

Yes, today, you’ll probably reach a larger audience with a TV ad than you will with your YouTube clip. That’s likely to change in the next decade or so however. TV (as we know it) will die, and it should die.

So rather than griping about the decision, perhaps activists should spend more time trying to increase broadband access.

Comments Off on Citizens United v. Federal Election Commission

Gun Manufacturer Liability

Posted in Fact and Law by andrewfong on October 29, 2009

In Torts yesterday, we started on strict products liability. At some point, we touched on the liability of gun manufacturers for the costs of crimes committed with guns. This naturally started up a shitstorm.

First, let’s assume that there is in fact a legitimate public interest in ordinary citizens being able to buy a gun (if there weren’t, then we would be discussing banning guns period, not strict products liability). Given that legitimate interest, my initial reaction was that holding gun manufacturers liable for gun crimes would be horribly unfair. It’d be the equivalent of holdng auto-manufacturers liable for hit and runs. After talking to my modmate Sam though, I think, from an economic efficiency and loss distribution perspective at least, it’s an interesting proposition.

(more…)

Comments Off on Gun Manufacturer Liability