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Does the original meaning of the First Amendment protect a right of privacy in campaign contributions?

Posted on October 22, 2013July 1, 2025 by Dissent

David Kopel writes:

My Independence Institute colleague Rob Natelson examines the question from an originalist perspective, in a new working paper published on SSRN. His analysis is summarized in this blog post on his website. In brief: political contributions are best analyzed as a form of Freedom of the Press. The Freedom of the Press includes the right to anonymous authorship. The right can be breached in cases of abuse, as when a civil libel plaintiff needs to discover the identity of the person who libeled him.

Read more on The Volokh Conspiracy.

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