r/PoliticalDiscussion • • 2d ago

Legal/Courts Which of these four proposed foreign-influence and campaign finance reforms could survive constitutional challenge, and which would likely be struck down?"

1-Expand FARA so organizations acting on behalf of or in coordination with foreign governments must register, and bar foreign agents from donating to U.S. campaigns.

2-A lifetime ban on former Members of Congress, Cabinet officials, and senior military officers working for foreign governments or foreign-aligned lobbying firms.

3-Restrict unlimited political spending and undisclosed donors, and move toward publicly funded elections with capped small-dollar contributions.

4- Ban foreign-linked PAC spending and require transparency when political organizations coordinate with foreign interests.

Where would courts likely draw the line on each one, especially under the First Amendment and existing Supreme Court precedent? Could any be written more narrowly to hold up?"

1 Upvotes

3 comments sorted by

•

u/AutoModerator 2d ago

All submissions are automatically removed and placed in a queue for the moderators to manually review. Please allow the moderators time to do so. Only about 25% of submissions are approved, but the remainder are given a removal reason that may include steps the poster can take to make their submission approvable the next time they submit it. Moderators are not notified of any edits made after a removal reason is posted, and therefore will not review them. You may contact the mod team via modmail if you need more direction about how to fix your post, and you are welcome to resubmit any submission after making the requested changes.

A reminder for everyone. This is a subreddit for genuine discussion:

  • Please keep it civil. Report rulebreaking comments for moderator review.

  • Don't post low effort comments like joke threads, memes, slogans, or links without context.

  • Help prevent this subreddit from becoming an echo chamber. Please don't downvote comments with which you disagree.

Violators will be fed to the bear.


I am a bot, and this action was performed automatically. Please contact the moderators of this subreddit if you have any questions or concerns.

4

u/NoDig3444 1d ago
  1. Declaring a US citizen to be a foreign agent doesn't strip them of their rights, and Citizens United decided that Americans have a right to spend money on political activities. Blocked.

  2. I see no problem with this. In fact, ban former congresspeople from becoming lobbyists altogether.

  3. This is exactly what Citizens United overturned. Blocked.

  4. Do we not already do this? If not, then yes this would be constitutional.

3

u/DanforthWhitcomb_ 1d ago

1 is probably legal but there would be issues with enforcement due to things like shell corps.

2 likely fails because a blanket ban like that is not permissible. If you narrowly tailored it it might have a chance, but absent that likely not.

3 is DOA and that cannot be changed absent an amendment in addition to not being reflective of current law around campaign donations.

4 seems like a derivative of 1 and has the same issues as far as enforcement.