This post is not about lobbyists’ payment to sex workers for services rendered (nor vice versa). Rather, it is about difficulties both groups face in legal collection of fees for services rendered.
Economist John Kay explains that only five years ago did the US Supreme Court begin to classify lobbying as a remunerative activity worthy of judicial protection. Previously, the court ruled that an agreement to lobby for pay, like an agreement to provide sex for pay, is “pernicious in its character”, so unenforceable. Sex workers, presumably, are still unable to appeal to courts for collection of unpaid bills.
[In 1874] the [US] Supreme Court … [ruled that a] contract to lobby government … was contrary to public policy and hence, like an agreement to sell sex, unenforceable in the courts. Paid lobbying, said Mr Justice Swayne, was “pernicious in its character”. But this was only the beginning of his denunciation. “If any of the great corporations of the country were to hire adventurers to procure the passage of a general law with a view to the promotion of their private interests,” he thundered, right-minded men “would instinctively denounce the employer and employed as steeped in corruption and the employment as infamous”. ….
But in Citizens United in 2010, the same court held that the expression of views you were paid to hold was no longer “an infamous employment, steeped in corruption”, but an activity deserving of the protection awarded to free speech under the First Amendment. That contentious decision probably did not, in the end, seal the outcome of the 2012 election — though the tide of political donations that it unleashed will surely decide a presidential contest before long. Americans may look back on Justice Swayne as the wiser judge. “If the instances (of paid lobbying) were numerous, open, and tolerated,” he predicted, “they would be regarded as measuring the decay of the public morals and the degeneracy of the times.”
John Kay, “What did the US Supreme Court have to say about Sir Malcolm Rifkind in 1874?“, Financial Times, 25 February 2015 (ungated link). Published earlier in the FT with the title “Good lobbyists augment legislators’ work”.
Noah Haynes Swayne (1804-1884) was a Republican politician, the first Republican to be appointed as a justice to the US Supreme Court. He was in office from 1862 to 1881.
In response to Mr Kay, the Deputy Chief Executive of the Chartered Institute of Public Relations (London, UK) describes lobbyists’ service to clients as legitimate, positive and useful.
John Kay … draws on another age to summarise the problems of the present and denigrates the modern lobbying industry, which is a legitimate business service and a positive and useful part of our democracy.
Modern lobbyists service their clients and employers by helping them understand legislative and political processes and to create ethical and achievable objectives within them. They are highly skilled at introducing information into political dialogue in the most effective way to assist in the achievement of these objectives. Good lobbyists know their interests are best served by enabling legislators to exercise their critical judgment based on a range of relevant, balanced information.
Phil Morgan, “Good lobbyists augment legislators’ work“, letter to the editor, Financial Times, 27 February 2015 (metered paywall).