Expensive Speech, Illegitimate Power: Corporations and Free Expression

All legitimate democratic governments must remain responsive to the interests of their citizens. Such responsiveness depends, in turn, on the right of free expression, without which citizens cannot make their interests and grievances known. When citizens must compete for attention and influence with powerful private corporations, however, unregulated expression can become a danger to democracy. Drawing ideas from the republican tradition of political thought, this essay argues that political speech funded by business corporations-not just during election campaigns but in all political seasons-threatens the legitimacy of American government. The essay advances an egalitarian, democratic theory of free expression and uses the theory to clarify the relationship between free speech and vibrant democracy. It then defends ambitious restrictions on corporate political speech that extend far beyond campaign-finance reform.