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Judge tosses Mont. corporate campaign finance ban
The Washington Post (AP) ^ | 10/18/10 | Matt Gouras

Posted on 10/18/2010 4:38:25 PM PDT by Western Tradition Partnership

Judge tosses Mont. corporate campaign finance ban
By MATT GOURAS
The Associated Press

HELENA, Mont. -- A Montana judge says the state's century-old ban on corporate political spending is unconstitutional.

District Judge Jeffrey Sherlock of Helena on Monday tossed out the 1912 Corrupt Practices Act that prohibits corporations from making independent political expenditures.

Sherlock ruled in favor of conservative think-tank Western Tradition Partnership...

http://www.washingtonpost.com/wp-dyn/content/article/2010/10/18/AR2010101804283.html

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


TOPICS: Constitution/Conservatism; News/Current Events; Politics/Elections
KEYWORDS: campaign; chamber; citizensunited; firstamendment
Western Tradition Partnership Executive Director Donald Ferguson released the following statement Monday following District Judge Jeffrey Sherlock ‘s ruling that Montana’s ban on independent expenditures by corporations violates rights guaranteed by the First Amendment:

“The First Amendment was intended to protect citizens from the government, not to shield politicians from criticism. The court has restored fairness and balance to elections by allowing employers to speak freely about the radical environmentalist candidates and issues that threaten your right to earn a living.”

1 posted on 10/18/2010 4:38:29 PM PDT by Western Tradition Partnership
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To: Western Tradition Partnership

Hurrah!


2 posted on 10/18/2010 4:40:25 PM PDT by skr (May God confound the enemy)
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To: Western Tradition Partnership

Does this act apply only to corporations chartered in Montana, or all corporations?

I would think that a state would have the right to place any limitations they like on corporations they charter. They are not obliged to charter any corporations at all.


3 posted on 10/18/2010 4:43:23 PM PDT by proxy_user
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To: Western Tradition Partnership

This is excellent. Citizens have a right to associate, and to formalize those relationships as corporations. Corporations’ right to free speech and association are just an outgrowth of the owners’ rights.


4 posted on 10/18/2010 5:10:09 PM PDT by Tax Government (Democrat: "I'm driving to Socialism at 95 mph." Republican: "Observe the speed limit.")
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To: Western Tradition Partnership

I see this as yet another nail in the coffin of our system of federalism. The US Constitution was NEVER meant to place restrictions on states, nor grant the federal government the power to regulate states’ behavior, except with regard to interstate commerce. Decisions like these turn the Constitution on its ear. Instead of limiting the federal government to few and defined powers, the Constitution is now used to grant the federal government unlimited power to interfere in states’ and individuals’ business.


5 posted on 10/18/2010 5:21:46 PM PDT by fr_freak
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