Interesting People mailing list archives

US Supreme Court overturns corporate campaign finance laws on 1st Amendment grounds - Citizens United v. FEC


From: Dave Farber <dave () farber net>
Date: Thu, 21 Jan 2010 12:39:57 -0500





Begin forwarded message:

From: Ethan Ackerman <eackerma () u washington edu>
Date: January 21, 2010 12:17:03 PM EST
To: David Farber <dave () farber net>
Subject: US Supreme Court overturns corporate campaign finance laws on 1st Amendment grounds - Citizens United v. FEC
Reply-To: eackerma () u washington edu


Greetings Dave,

The U.S. Supreme Court has just released its ruling in Citizens United
v. Federal Election Commission.   It isn't a narrow ruling limited to
one or two subsections, but a broad 1st Amendment pronouncement,  It
overturns several prior Supreme Court cases and concludes that the 1st
Amendment does not allow spending restrictions on the political speech
of corporations.

http://www.law.cornell.edu/supct/html/08-205.ZO.html

This case has been reargued and delayed since last March, and was
widely anticipated (or dreaded) for its outcome. The opinion that
finally came out is fractured, with 4 separate concurrences or
dissents, but the opinion of the Court garnered at least 5 votes for
each of its portions.


Corporate (or individual) donation restrictions were not the subject
of this lawsuit and remain constitutional after this opinion, and the
court indicates as much. The opinion also ruled that the FEC's
corporate attribution and discosure rules were generally ("facially")
Constitutional, and Constitutional in this case, but other individual
instances of their enforcement might run afoul of the 1st Amendment.


Agree or disagree on these critical issues, we now have a definitive
ruling from this Court.



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