'Citizens United' Ruling Opened Floodgates On Groups' Ad Spending

[turtlespeed 226]

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there is a word for deliberately misleading and misinforming people for profit. I believe it is called a con,

Yo! Do I pick on you? Bugger off.

Grow a thicker skin!

I'm not usually into the whole 3-way thing, but you got me a little excited with that. - Skymama
BTR #1 / OTB^5 Official #2 / Hellfish #408 / VSCR #108/Tortuga/Orfun

[Darius11 12]

Thank you for keeping the debate respectful ( I need to work on that more), and intelligent.


You have given me more to think about, and i am no longer sure of my position.

I'd rather be hated for who I am, than loved for who I am not." - Kurt Cobain

[Andy9o8 2]

Update:

http://blogs.wsj.com/law/2012/01/03/montana-supreme-court-defies-citizens-united-decision-upholds-state-ban/

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Montana Supreme Court Defies Citizens United Decision

January 3, 2012, 11:59 AM

.... On Friday, the Montana Supreme Court restored a 100-year-old state ban on direct spending by corporations on political candidates or committees, saying that the U.S. Supreme Court’s 2010 decision in Citizens United v. FEC dealt with federal laws and elections, but the “vast majority” of elections are held at state and local levels, AP reports.

.... Montana’s 1912 Corrupt Practices Act blocks certain political speech by corporations; plaintiffs in the case sought to have the century-old law declared unconstitutional. Montana Attorney General Steve Bullock, who represented the state in defending the ban, said the case was the first to examine state laws and elections.

Montana has “a compelling interest” to uphold its campaign-finance laws that include both restrictions and disclosure requirements, the court held, according to the Great Falls Tribune. The state Supreme Court overturned a lower state court ruling, saying it couldn’t find that current laws unfairly impeded corporate owners from engaging in political activity.

The court also said political corporations like American Tradition Partnership, which brought the suit challenging the 1912 law, “act as conduits for anonymous spending by others and represent a threat to the ‘political marketplace.’” Corporations can remain politically active by forming voluntary political action committees, which are subject to disclosure requirements, the court said.

“With this ruling, the Montana Supreme Court now sets up the first test case for the U.S. Supreme Court to revisit its Citizens United decision, a decision which poses a direct and serious threat to our democracy,” John Bonifaz of Free Speech For People, a group that seeks to return corporations to being economic, rather than political, entities, said in a statement.

American Tradition Partnership Executive Director Donald Ferguson said in a statement the Montana Supreme court showed “contempt” for the law of the land and “thumbed its nose at the United States Supreme Court.”

[kelpdiver 2]

that won't last very long.

Nor should it.

[Southern_Man 0]

Interesting development. I'd say on the face this is not a decision that is going to stand. 14th Amendment jurisprudence is generally guided by this footnote from United States v. Carolene Products:

There may be narrower scope for operation of the presumption of constitutionality when legislation appears on its face to be within a specific prohibition of the Constitution, such as those of the first ten amendments, which are deemed equally specific when held to be embraced within the Fourteenth…

"What if there were no hypothetical questions?"