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High Court rules for free speech
NY Post ^ | January 22, 2010 | ALLISON R. HAYWARD

Posted on 01/22/2010 3:17:59 AM PST by Scanian

The Supreme Court yesterday confronted a fact in constitutional law that has been hard to justify: How is it that the First Amendment protects obscene speech, nude dancing and talk radio -- but permits Congress to shut down independent political messages from corporations and labor unions? Why do those groups get second-class status when politics, rather than, say, simulated child porn, is the topic?

In the Citizens United case, Justice Anthony Kennedy, writing for a five-justice majority, couldn't be clearer: The federal ban on such independent expenditures is unconstitutional on its face: "Speech restrictions based on the identity of the speaker are all too often simply a means to control content."

(Excerpt) Read more at nypost.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: 111th; anthonykennedy; corporations; firstamendment; freespeech; mccainfeingold; ruling; scotus

1 posted on 01/22/2010 3:17:59 AM PST by Scanian
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To: Scanian

I wonder how the Wise Latina voted /s


2 posted on 01/22/2010 3:21:30 AM PST by ComputerGuy (0bama - the dumbing down of Affirmative Action)
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To: Scanian

BS.

Corporations are fictions. They are not living, breathing flesh and blood humans.


3 posted on 01/22/2010 3:23:52 AM PST by djf (The one thing we know is how much we don't know!)
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To: djf

They are made up of flesh and blood human beings. I also liken to this to the right of “peaceable assembly”


4 posted on 01/22/2010 3:57:35 AM PST by bjorn14 (Woe to those who call evil good and good evil. Isaiah 5:20)
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To: djf
Corporations are fictions. They are not living, breathing flesh and blood humans.

The First Amendment provides, Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Corporations are groups of people coming together for various purposes. In otherwords, a corporation is an assembly of living, breathing flesh and blood humans.

The First Amendment, without qualification, prohibits "abridging the freedom of speech," and Congress shouldn't be allowed to prohibit a group of people from saying something that it could never prohibit any members of the group from saying individually. Especially where that speech is critical of the government.

5 posted on 01/22/2010 3:57:46 AM PST by Ahithophel
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To: djf

oops...... “peaceful assembly” also covered in the First Amendment.


6 posted on 01/22/2010 4:01:11 AM PST by bjorn14 (Woe to those who call evil good and good evil. Isaiah 5:20)
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To: ComputerGuy

The wise latina was one of the four who voted against the decision.


7 posted on 01/22/2010 4:21:38 AM PST by bytesmith
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To: ComputerGuy

Otherwise?


8 posted on 01/22/2010 4:38:49 AM PST by Scanian
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To: bjorn14

Yet not a single corporation has even so much as one vote on the ballot come election day.

Nobody can walk into the polling place and say “I’m casting the vote for corporation XYZ”

Boy Scouts of America can’t do it.
Mothers Against Drunk Drivers can’t do it.
The Red Cross can’t do it.

If they don;t have the right to cast a ballot, then we are not talking about freedom of choice or representative government.

We are talking about somebody (or someTHING) flat out buying what they want.


9 posted on 01/22/2010 4:40:34 AM PST by djf (The one thing we know is how much we don't know!)
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To: bytesmith; Scanian

I’m going to have to read what the dissenters wrote. To me, this one should have been 9-zip. Maybe I have some old-fashioned concept of freedom of speech. I’m old enough.


10 posted on 01/22/2010 4:42:47 AM PST by ComputerGuy (0bama - the dumbing down of Affirmative Action)
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To: ComputerGuy

4 liberals/marxists/statists/democrats on the court not suprisingly voted against freedom of speech.


11 posted on 01/22/2010 8:35:24 PM PST by rurgan (Sarah Palin:"Big government is the problem, not the solution" Me:socialism doesn't work)
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