Most of the “mainstream media” reports today involve the SCOTUS decision regarding Arizona’s immigration law. Not receiving much attention was this ruling also handed down today. The QC Times and the Dispatch – Argus (DA) regularly feature criticism of the free speech case Citizens United. Of course newspaper CORPORATIONS would like to return to the days when they did not have as much competition in determining news and influencing elections. Thanks to our friends at the James Madison Center for this analysis.
James Madison Center for Free Speech
1 South 6th Street
Terre Haute, IN 47807-3510
www.jamesmadisoncenter.org
PRESS RELEASE
Monday, June 25, 2012
Supreme Court Decision Regarding Montana Corporation Prohibition
In a one-page per curiam decision today in American Tradition Partnership v. Bullock, the United States Supreme Court struck down a Montana law prohibiting corporations from engaging in independent political expenditures in state elections. This provision was similar to a federal law struck down in Citizens United.
In so doing, the Court said that “Montana’s arguments in support of the judgment below either were already rejected in Citizens United or failed to meaningfully distinguish that case.” This closes the door on the argument that unique facts in a certain state can be employed to overturn CU. Further, it means that independent expenditures are never corrupting as a matter of federal constitutional law.
In addition, as Justice Breyer in dissent noted, there is no prospect that the majority of the Court will reconsider CU
According to James Bopp, Jr., attorney for the Montana corporations that challenged the law, “This is an excellent result. The Court has shut the door on a multi-million dollar effort to lobby and even intimidate the Court into reconsidering Citizens United. This effort has failed and the Citizens United decision is now settled law. Groups of persons of average means will still be able to pool their resources to effectively participate in our democratic process”.
James Bopp, Jr. Has a national, federal, and state election law practice. He is General Counsel for the James Madison Center for Free Speech and former co-Chairman fo the Election Law Subcommittee of the Federalist Society.
The media has been going crazy about Citizens United for a couple years now! They know they are second tier to somebody like Drudge and it makes them mad. But it really hurts them because they know Rove’s American Crossroads is going to crush them!