“
I’m going to invite you to contemplate a fictional scenario. Say that we are all citizens in a New England town with a traditional town meeting. As usual, a modest proportion of the citizens eligible to attend have actually turned out, let’s say four or five hundred. After calling the meeting to order, the moderator announces: “We have established the following rules for this evening’s discussion. After a motion has been properly made and seconded, in order to ensure free speech under rules fair to everyone here, each of you who wishes to do so will be allowed to speak on the motion. However, to enable as many as possible to speak, no one will be allowed to speak for more than two minutes.” Perfectly fair so far, you might say. But now our moderator goes on: “After everyone who wishes to speak for two minutes has had the floor, each and every one of you is free to speak further, but under one condition. Each additional minute will be auctioned off to the highest bidder.” The ensuing uproar from the assembled citizens would probably drive the moderator and the board of selectman away from the town hall—and perhaps out of town. Yet isn’t this in effect what the Supreme Court decided in the famous case of Buckley v. Valeo? In a seven-to-one vote, the court held that the First Amendment–guarantee of freedom of expression was impermissibly infringed by the limits placed by the Federal Election Campaign Act on the amounts that candidates for federal office or their supporters might spend to promote their election.3 Well, we’ve had time to see the appalling consequences.
”
”
Robert A. Dahl (How Democratic Is the American Constitution?: Second Edition (Castle Lecture Series))