Politics
Out of context: Reply #10198
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Constitutional Law
Free speech; elections
Austin v. Michigan Chamber of Commerce, 494 U.S. 652 (1990), is overruled, and thus provides no basis for allowing the Government to limit corporate independent expenditures. Although the First Amendment provides that "Congress shall make no law ... abridging the freedom of speech," §441b's prohibition on corporate independent expenditures is an outright ban on speech, backed by criminal sanctions. It is a ban notwithstanding the fact that a PAC created by a corporation can still speak, for a PAC is a separate association from the corporation. Because speech is an essential mechanism of democracy-it is the means to hold officials accountable to the people-political speech must prevail against laws that would suppress it by design or inadvertence. Laws burdening such speech are subject to strict scrutiny, which requires the Government to prove that the restriction "furthers a compelling interest and is narrowly tailored to achieve that interest." WRTL, 551 U. S., at 464. This language provides a sufficient framework for protecting the interests in this case. Premised on mistrust of governmental power, the First Amendment stands against attempts to disfavor certain subjects or viewpoints or to distinguish among different speakers, which may be a means to control content. The Government may also commit a constitutional wrong when by law it identifies certain preferred speakers. There is no basis for the proposition that, in the political speech context, the Government may impose restrictions on certain disfavored speakers. Both history and logic lead to this conclusion.
Reversed in part, affirmed in part, and remanded.
08-205 Citizens United v. FEC
Kennedy, J.; Roberts, C.J., concurring; Scalia, J., concurring; Stevens, J., concurring in part and dissenting in part; Thomas, J., concurring in part and dissenting in part.- How are the concurring justices, not being "activist judges"?DrBombay