Elon Musk, the founder and CEO of Tesla, has once again found himself at the center of controversy. This time, it’s over his involvement in American politics and his support for former President Donald Trump.
During a recent interview with MSNBC’s Chris Jansing, UCLA Law Professor Rick Hasen questioned whether it was time to amend the Constitution to address the involvement of “ultra-wealthy” individuals like Elon Musk in campaign spending. Hasen specifically referenced Musk’s funding of America PAC, a super-PAC that is seeking to in key swing states.
According to Hasen, current laws and Supreme Court rulings make it unconstitutional to limit spending in elections. He points to the 1976 ruling and the more recent Citizens United case in 2010, which reaffirmed that limiting spending would be a violation of the First Amendment. Hasen also mentions that Congress has attempted to pass laws that would restrict spending by the ultra-wealthy, but they have been struck down by the Supreme Court.
The question then becomes, should we consider amending the Constitution to change the role of the ultra-wealthy in campaign spending? Hasen seems to suggest that it may be necessary to do so. However, many on the left have been pushing for a constitutional amendment to overturn the Citizens United ruling for years.
But while the left may be concerned about the influence of the ultra-wealthy in politics, there are also concerns about Musk’s recent actions that go beyond simply funding a super-PAC. During his interview with Jansing, Hasen pointed out that Musk’s most recent move, a giveaway of $1 million each day to a random signatory to a petition on his super-PAC’s website, may be a violation of federal law.
Governor of Pennsylvania, Josh Shapiro, went as far as to call for a criminal probe into Musk’s actions. While it’s unclear if any legal action will be taken against Musk, his involvement in American politics has once again sparked controversy and calls for further regulation on campaign spending.
But is it fair to solely place the blame on Musk for this controversy? Or is there a larger issue at play here? It’s important to remember that Musk is not the only wealthy individual involved in campaign spending. There are plenty of other donors, on both sides of the political spectrum, who also contribute large sums of money to super-PACs and other political causes.
In fact, it could be argued that Musk is simply exercising his First Amendment rights, just like any other American citizen. And let’s not forget that Musk’s support for Trump is not unique. There are plenty of other wealthy individuals who also support the former president and have used their wealth to try and influence elections.
While Musk’s actions may be controversial, they are not illegal. And it’s important to remember that in the United States, individuals have the right to support political causes and candidates of their choosing, regardless of their wealth. We cannot cherry-pick who is allowed to exercise their constitutional rights and who isn’t.