Originally posted by sh76
Free speech gives you a right to speak to the public during an election season according to Buckley, CU, et al. It doesn't give you the right to pay to access federal employees in the course of their duties in contravention of a hypothetical federal law. Even Scalia would not argue that outright graft is protected by the First Amendment.
Playing devil's advocate, I am quite unsure that distinction is meaningful given the "petition clause" of the First Amendment. As stated in
Borough of Duryea v. Guarnieri (2011):
Both speech and petition are integral to the democratic process, although not necessarily in the same way. The right to petition allows citizens to express their ideas, hopes, and concerns to their government and their elected representatives, whereas the right to speak fosters the public exchange of ideas that is integral to deliberative democracy as well as to the whole realm of ideas and human affairs. Beyond the political sphere, both speech and petition advance personal expression, although the right to petition is generally concerned with expression directed to the government seeking redress of a grievance.[14]
As stated in the Wiki First Amendment article:
According to the Supreme Court, "redress of grievances" is to be construed broadly: it includes not solely appeals by the public to the government for the redressing of a grievance in the traditional sense,
but also, petitions on behalf of private interests seeking personal gain.[229] The right not only protects demands for "a redress of grievances" but also demands for government action.
I'm having a hard time seeing how the logic of
Citizen's United, coupled with the cases mentioned in the "Petition and Assembly" section of that article, don't logically lead to the conclusion that the paying of money for access (without the assurance of a quid pro quo) is constitutionally protected.