My friend Brad Smith has announced that he is stepping down from the FEC to return to teaching. The Press Release is here. While a loss for the country, it is certainly a gain for those of us who look forward to having Brad back as an academic colleague.
Brad’s tenure at the FEC exemplifies how one can hold a principled intellectual objection to certain laws, yet be rigorously fair-minded in applying those rules and upholding the rule of law with distinction and honor.
In his resignation letter submitted to the President, Commissioner Smith added a comment on the current state of campaign finance regulation:
I remain concerned about the effects our campaign finance laws are having on grassroots political participation. Political activity is more heavily regulated than at any time in our nation’s history. For example, in accordance with the law, during my tenure the FEC has assessed penalties against parents for contributing too much to the campaigns of children; against children for contributing to the campaigns of parents; and against husbands for contributing to campaigns of their wives. We have required citizens to respond to complaints for the display of homemade signs supporting a candidate. These are just a few examples: the Commission’s regulations take up nearly 400 pages of fine print. I urge you to consider the effects of regulation on grassroots, citizen political activity when proposals arise for still more regulation.
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