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But I Thought Money Was Speech!

Former Governor of Illinois George Ryan has been convicted on all counts of basically running a storefront out of his office.  He’s Republican.  Not that I think Democrats don’t do the same thing, and often, but the Republicans make such a big deal out of NOT being Democrats–that they are, somehow, more ethical–that it gives me a thrill when one goes down for something like this.      

Not long ago the Republicans were fighting vehemently against campaign reform because, the argument ran, Money is Speech.  What one does with it should be protected under the First Amendment like any other form of speech, therefore, putting limits on campaign contributions was unConstitutional.  Anyone with a smidgeon of integrity and half a brain realizes this was just a dodge so the K Street Project could continue unencumbered and the Republicans could minister openly to their constituency.

I’m sure on some level Governor Ryan thought what he was doing was, if not perfectly legal, perfectly ethical or at least, in principle, constitutional.  Money is speech.  He was simply listening to his constituency.

Why isn’t money speech?  Very simple test.  Does everyone have equal access to it?  Or is access to money privileged?  And is everyone’s money the same?

There are a host of presumptions in this, of course–education, basic verbal skills, etc.  But we presume many things.  Presuming you benefit from public education, you come out with roughly the same potential ability to express yourself as any body else.  Some will do it better than others, but everybody gets a shot.  Basic literacy means you can write letters to the editor.  You can go to neighborhood meetings and speak.  Likewise there are call-in radio shows.  We share language freely. 

We don’t share money freely.  And those who have it do whatever they can to guarantee they keep it and limit general access to it.  Because the money the average person gets is almost always spoken for (pun intended) by virtue of paying the way through life.  Only those who have far more than they need have the ability to contribute money to charities, churches, research institutions, academic institutions…and politicians.  The rest of us just pay taxes.

Which do not go directly to a particular public official.  Perhaps there should be a federally-subsidized dispersement for people making less than six-figures to receive a lump sum to be sent to the politician of their choice.  That might begin to make money something similar to speech.

It’s access.  When you get down to it, it’s access.  Anyone can write a letter to the governor.  Not everyone can include a large “contribution” with it.  And make no mistake, if money is speech, then the ability to shout matters more than the content of the remarks.

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