Hasen's comments come in the wake of Musk's announcement that he would donate $1 million daily to a random signatory of a petition on the website of America PAC, a super-PAC supporting former President Donald Trump.
According to the Daily Caller, Hasen pointed out that current law, shaped by Supreme Court rulings, prevents restrictions on election spending. "To be clear, under current law, it’s unconstitutional, thanks to the Supreme Court, to limit spending in elections. Supreme Court decided that in 1976. They reaffirmed that in the Citizens United case in 2010,” Hasen explained. He further noted that efforts by Congress to curb spending by the ultra-rich in elections have been deemed a violation of the First Amendment.
Hasen's comments reflect a broader debate on the role of wealth in politics. He questioned whether a constitutional amendment might be necessary to alter the influence of the ultra-wealthy, a sentiment echoed by many on the left who have called for an amendment to overturn the Supreme Court’s 2010 decision in Citizens United v. FEC.
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Despite the legality of Musk's contributions to the super-PAC, Hasen suggested that the billionaire's giveaway could potentially lead to legal trouble. “But that’s really very different than what Musk is doing with this lottery, which seems to be a clear violation of federal law,” Hasen warned.
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October 23, 2024
This concern was shared by Democratic Gov. Josh Shapiro of Pennsylvania, who suggested that Musk should be subject to a criminal investigation over the giveaway. Such calls for scrutiny underscore the ongoing tension between individual freedom and the need for regulation in campaign financing.