Abstract
Our legal system has long been of two minds about lobbying. As far back as the Jacksonian Era, courts anxiously viewed the use of paid agents to influence government decision-making as a source of corruption. Yet courts have also long recognized a legitimate interest in having professional assistance when trying to affect government. Moreover, since the mid-twentieth century the Supreme Court has emphasized that lobbying is protected by the First Amendment. The law of lobbying grows out of these conflicting views of lobbying as both corrupting and legitimate, constitutionally protected yet requiring regulation.
Lobbying regulation today reflects four goals: protecting the right to lobby; preventing improper influence; restricting some unfair opportunities for influence; and promoting transparency of lobbyists' activities. Although the constitutional core of lobbying, that is, the presentation of facts and arguments to officials is protected from limitation, rules may restrict the material benefits (gifts, honoraria, free travel) lobbyists can give officials; limit lobbying by former government officials; and require lobbyists to disclose their income and expenditures.
Recently, attention has focused on the campaign finance role of lobbyists, with some jurisdictions restricting their ability to give or raise campaign funds or requiring greater disclosure of these activities. The law in this area is still developing, but some special regulation of the interplay of lobbying and campaign finance is likely to be sustained in light of the longstanding concern that lobbying poses special corruption dangers.
