Victory For Free Speech
Written by Brian Garst, Posted in The Courts, Criminal Justice & Tort
The long awaited Citizens United decision has been handed down, and it appears to be a resounding victory for free speech!
From Volokh Conspiracy:
The Court held 5–4 that restrictions on independent corporate expenditures in political campaigns are unconstitutional, overruling Austin v. Michigan Chamber of Commerce and parts of McConnell v. FEC, and it upheld the disclosure requirements 8–1 (Thomas dissenting). Justice Kennedy explained that the Court was overruling some of its prior decisions because it was not possible to rule in favor of the petitioners on narrower grounds without chilling protected political speech. According to Justice Kennedy, the Court is re-embracing the principle that a speaker’s corporate identity is not a sufficient basis for suppressing political speech, as held in pre–Austin cases. It would appear this holding applies equally to unions.
The media is predictably spinning it as “rolling back” and overturning “key campaign limits,” rather than as upholding First Amendment rights.
It will be some time before the jumble of partial concurrences and dissents is fully dissected.
I serve as Vice President of the Center for Freedom and Prosperity, a non-profit think tank dedicated to preserving tax competition and free markets. This site features my personal views, which are not reflective of CF&P.