1/24/2010

Corporations and unions are made up of individuals

Scalia's concurrence in the CItizens United case is devastating.

The dissent says that when the Framers “constitutionalized the right to free speech in the First Amendment, it was the free speech of individual Americans that they had in mind.” Post, at 37. That is no doubt true. All the provisions of the Bill of Rights set forth the rights of individual men and women—not, for example, of trees or polar bears. But the individual person’s right to speak includes the right to speak in association with other individual persons . Surely the dissent does not believe that speech by the Republican Party or the Democratic Party can be censored because it is not the speech of “an individual American.” . . .

The Amendment is written in terms of “speech,” not speakers. Its text offers no foothold for excluding any category of speaker, from single individuals to partnerships of individuals, to unincorporated associations of individuals, to incorporated associations of individuals—and the dissent offers no evidence about the original meaning of the text to support any such exclusion. We are therefore simply left with the question whether the speech at issue in this case is “speech” covered by the First Amendment . No one says otherwise. A documentary film critical of a potential Presidential candidate is core political speech, and its nature as such does not change simply because it was funded by a corporation. . . .

Labels: ,

1 Comments:

Blogger Angela said...

John and all, if you haven't read Glenn Greenwald's take on the decision, I'd like to recommend it. http://www.salon.com/news/opinion/glenn_greenwald/2010/01/22/citizens_united/index.html

1/25/2010 10:21 AM  

Post a Comment

Links to this post:

Create a Link

<< Home