I Am The Scum
already posted the text of the law. And I already responded. If you read "thing of value" as including speech, then you've criminalized speech, and I don't see how that can possibly survive 1st amendment scrutiny.
I think I see what the problem is. You seem to be operating under a notion of "free speech absolutism" as it applies to the law. In other words:
If the action is speech, and nothing else, then it cannot possibly be illegal. This is pretty clearly false, and there are a number of ways to show it.
First, let's go back to the original text of the law:
It shall be unlawful for a person to solicit, accept, or receive a contribution or donation described in subparagraph (A) or (B) of paragraph (1) from a foreign national.
Under the plainest reading of this section of the law, it is illegal to simply ask a foreign national for a campaign contribution. I am unaware of any serious legal argument, on first amendment grounds, against this application. If you have one in your back pocket, then please share it with the rest of the class. To the best of my knowledge, my interpretation is both commonplace and completely uncontroversial.
But even ignoring this specific issue, we can defer to a number of crimes that typically amount to nothing more than pure speech. Here are some examples that I cam up with right off the top of my head:
* Conspiracy
* Perjury
* Extortion
* Threats and harassment
* TV/VCR repair
* Obstruction of justice
If this is "criminalizing speech," then our entire judicial system, all the way up to the Supreme Court, has severely screwed up the First Amendment. I just don't think that's the case.