The Courts and Political Speech Rights: A Comparative Study

Abstract

This dissertation contends that to appropriately address the state of political equality and pursue democratic interest(s) in an increasingly commodified world, we must understand the more complex, socio-legal, and interdependent actions, actors, discourse, laws, and ideas which have grown increasingly important within campaign finance judicial out-comes, as these impact political equality and democratic governance. Consequently, this dissertation examines the largely underexplored factors that shape judicial outcomes and practical application of campaign finance policy which are explanatory of the distribution of electoral participatory power. This electoral participatory power is a key indicator of political equality in democratic nation states. The underexplored factors that I examine include corporate identity as an analytical concept and power resource, commodification of political speech, constitutional constraints, intergovernmental dialogue, regulatory ac-tors, and varied judicial and legislative commitments to democracy. To do so, the thesis utilizes and modifies insights from historical institutionalism, power resources models, neopluralism, and dialogue theory literature, to contribute to knowledge about how and why campaign finance policies and electoral participatory power of individuals, groups, and corporations have changed over time through judicial outcomes, practical administration, and related reforms. Through this demonstration, the analysis of this thesis opens up space to explore and identify sources and modes of gradual institutional change within the context of campaign finance judicial outcomes. Specifically, this thesis documents and critically examines the actions, actors, discourse, laws, and ideas which have permeated judicial conflicts in Canada and the United States over several decades and illustrates how they have determined the scope of corporate constitutional rights and freedoms, potential for money in politics, and the distribution of political equality in these two advanced democracies.