Everyone blames Citizens United for super PACs. Harvard Law professor Lawrence Lessig says they're blaming the wrong case, and he is actually taking his argument to court.
Everyone blames Citizens United for super PACs. Harvard Law professor Lawrence Lessig says they're blaming the wrong case, and he is actually taking his argument to court. The ruling that actually created super PACs, he argues, is SpeechNow.org v. FEC, a D.C. Circuit decision issued two months after Citizens United that the Supreme Court has never reviewed.
In 2024, nearly 75% of the Maine’s voters approved a $5,000 cap on contributions to super PACs. A federal judge blocked it, and the challenge now sits with the First Circuit. A ruling for Maine would break with every appeals court that has considered the question and could put it before the Supreme Court ahead of the 2028 election.
Lessig joins hosts Bethany McLean and Luigi Zingales on this episode to make his case ahead of the decision. They also get into why the corruption that matters most in American politics isn't bribery, how the fundraising treadmill fills Congress with sycophants, and why transparency alone can leave you with a transparently corrupt system.
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