Before proceeding to the scholarly output on McCutcheon, here is where we stand this Term on First Amendment free expression cases:
- Elonis v. United States (to be argued on 12-1-14)
- Williams-Yulee v. The Florida Bar
- Reed v. Town of Gilbert
- Pregnancy Care Center of New York v. City of New York
- Vermont Right to Life Committee, et al v. Sorrell
- Stop This Insanity Inc Employee Leadership Fund et al v. Federal Election Commission
- City of Indianapolis, Indiana v. Annex Books, Inc.
- Ashley Furniture Industries, Inc. v. United States
- Mehanna v. United States
* * * *
The decision in McCutcheon v. Federal Election Commission (2014) is barley six months old and it has already produced an abundance of scholarly commentary, including books, symposia, and articles — no fewer than 40 such works. And all of this before the revered Harvard Law Review issue dedicated to the last Supreme Court term finds its way to print. Ditto for the equally acclaimed Supreme Court Review. How times have changed. The days of waiting are over; we live in a wired era. That’s the good news. The bad news, of course, is: who can possibly begin to read all of this?
That said, and for better or worse, below is a list of books (e-books and print ones) and articles and essays (in online companions and print journals) that either discuss McCutcheon in full or in part (e.g. Zephyr Teachout’s book) or issues very much related to the decision (e.g, Robert Post’s book). All were published after the decision came down on April 2, 2014. Browse them and see how many catch your eye.
- Ronald Collins & David Skover, When Money Speaks: The McCutcheon Decision, Campaign Finance Law & the First Amendment (2014)
- R. Sam Garrett, Campaign Contribution Limits: Selected Questions About McCutcheon and Policy Issues for Congress (2014)
- Shaun McCutcheon, Outsider Inside the Supreme Court: A Decisive First Amendment Battle (2014)
- Robert Post, Citizens Divided: Campaign Finance Reform and the Constitution (2014)
- Zephyr Teachout, Corruption in America: From Benjamin Franklin’s Snuff Box to Citizens United (2014)
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