M47 (Campaign Finance) may be back

M47 should be implemented, because 54% of Oregon voters voted for it. It would establish limits on political campaign contributions, like those that exist in 47 other states (not New Mexico or Missouri). The argument against implementation of M47 is that it violates the free speech provision of the Oregon Constitution, even though it satisfies the free speech requirements of the First Amendment, and no other state has found that such limits are now allowed under the state constitution.

The Oregon Supreme Court interpreted Oregon’s free speech clause in a way different from all other state clauses, even though 28 other states have the identical clause in their constitutions. In other states, that does not prevent regulation of nude dancing or political contributions. Only in Oregon does the Court say that “free speech” includes both unlimited nude dancing and unlimited political bribery in the form of campaign contributions.