Law in Contemporary Society

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CitizensUnitedVFederalElectionCommission 14 - 05 Feb 2010 - Main.AndrewCascini
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 How do you guys feel about this decision? Although I haven't read the actual decision yet, I can only imagine how the holding is going to destroy any chance this country has of holding fair elections in the future. I don't really know too much about First Amendment law, but I am outraged that the Supreme Court has forfeited our democracy to uphold such an absurd principle. If anyone ever meets a corporation, please let me know.

-- NathanStopper - 23 Jan 2010

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 I guess we did deserve it. I'll add my notes as well.

-- NathanStopper - 05 Feb 2010

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Here's my submission:

I fear the functional effects of the ruling. First, I believe the anti-distortion interest identified by the Court justified the FCRA, which restricted the ability of organizations to advertise directly for candidates through independent expenditures around election times. I am persuaded by Stevens that the FCRA did not restrict the free speech of any natural person. Secondly, products sold by corporations are now endowed with newly political significance. Some money from my purchases goes to corporate treasuries, which can now fund advertising supporting candidates in elections. Disclaimer and disclosure protections are inadequate to prevent consumer confusion resulting from this.

Also, here are my case notes. Nate, if you slap yours on the same page this one won't get any more cluttered.

http://emoglen.law.columbia.edu/twiki/bin/view/LawContempSoc/CitizensUnitedCaseNotes

-- AndrewCascini - 05 Feb 2010

 
 
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Revision 14r14 - 05 Feb 2010 - 04:50:36 - AndrewCascini
Revision 13r13 - 05 Feb 2010 - 00:12:51 - NathanStopper
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