Money and Speech: Eugene Volokh

At he does masterfully and consistently, UCLA law professor Eugene Volokh points out that while  money doesn’t equal speech, restrictions on it certainly curtail it as do money restrictions on other constitutional rights:

“People continue to characterize the Court’s campaign finance decisions as resting on the theory thatmoney is speech. And of course money isn’t speech.

But, as I wrote a few years ago, money isn’t abortion, either. Nonetheless, a law that banned the spending of money on abortion would surely be a serious restriction on abortion rights (whether or not you think that the Court was right to recognize such rights). A law that capped the spending of money for abortions at a small amount, far smaller than abortions often cost, would likewise be a burden on abortion rights, and dismissing this argument as “it is quite wrong to equate money and abortion” would be unsound.”

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