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
“The appearance of influence or access will not cause the electorate to lose faith in our democracy.”
It is this kind of declaration that gives me the impression Kennedy is trying to rationalize a conclusion he already reached. He admits that the government can limit speech, but he concludes potential political corruption does not warrant such limitations. But instead of explaining why this qualify, he just cites a report that didn’t find any examples of “votes being changed for expenditures.” It seems to me that the best place to examine the potential for corruption and other effects of this holding would be the legislature. I remain unconvinced that the Court needed to overturn a century of legislation to protect this invented form of speech.
-- NathanStopper - 06 Feb 2010
-- NathanStopper - 06 Feb 2010
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
Line: 138 to 138
I guess we did deserve it. I'll add my notes as well.
-- NathanStopper - 05 Feb 2010
Added:
> >
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
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
Line: 133 to 133
Hey, I'll put up my reading notes after I'm done in case anyone else wants them. I make those while I sort through cases if they're long (and this one is) because otherwise I can't keep anything straight.
-- AndrewCascini - 04 Feb 2010
Added:
> >
I guess we did deserve it. I'll add my notes as well.
-- NathanStopper - 05 Feb 2010
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
Ouch! Well, I earned it.
Hey, I'll put up my reading notes after I'm done in case anyone else wants them. I make those while I sort through cases if they're long (and this one is) because otherwise I can't keep anything straight.
-- AndrewCascini - 04 Feb 2010
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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