Bradley Smith – Deregulating Political Speech Through Campaign Finance


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Jul 31 2023 48 mins  

In this episode of Early Returns, Jan speaks with Bradley Smith, professor at Capital Law School, former Federal Election Commission (“FEC”) Chair, nationally recognized expert on campaign finance and the First Amendment, and the Founder and Chairman of the Institute for Free Speech (“IFS”). IFS defends rights guaranteed by the first amendment of the United States Constitution. Brad and IFS have been instrumental in modifying the debate about regulating money and politics by providing counter arguments questioning the efficacy of so-called “reforms.”

They talk about Brad’s experience at the FEC, his run-in with Senator John McCain, his delayed FEC confirmation process, his academic tenure, and his work related to IFS which actively challenges government regulatory overreach. The conversation includes analysis of recent free speech cases as well as suggestions on pending cases we should keep an eye on. And, of course, there are some interesting reading suggestions.

About Bradley Smith

Bradley A. Smith is the Josiah H. Blackmore II/Shirley M. Nault Professor of Law at Capital University in Columbus, Ohio. He has held prior visiting appointments at Princeton University and West Virginia University.

Professor Smith is the founder and Chairman of the Institute for Free Speech, a 501(c)(3) organization dedicated to promoting and defending American citizens’ First Amendment political speech rights. Additionally, he serves as Chairman of the Buckeye Institute for Public Policy Solutions, and the 1851 Center for Constitutional Law.

Professor Smith is the author or co-author of three books on election law and voting rights, and his scholarly research has appeared in the Yale Law Journal, Georgetown Law Journal, University of Pennsylvania Law Review, George Washington University Law Review, and many others. He also writes regularly for popular publications including the Wall Street Journal, National Review, the Atlantic, the New York Times, and others.

From June 2000 until August 2005, Professor Smith served as Commissioner of the Federal Election Commission, including as Vice Chairman in 2003 and Chairman in 2004.

He is a cum laude graduate of both Kalamazoo College and Harvard Law School.