Community | June 25, 2012 | 148 comments

Supreme court strengthens Citizens United in striking Montana election law

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letsliveinpeace
The supreme court has struck down a century-old Montana law limiting corporate campaign spending, dashing hopes of a rethink over a controversial 2010 decision by the justices that allows for vast amounts of private cash being used to influence national elections.

Campaigners had hoped the court would look again at the so-called Citizens United ruling, which paved the way for an unprecedented rise in the money flowing into congressional and presidential campaigns from corporate sources.

But in a 5-4 vote, split along the same conservative-liberal lines as the earlier case, the court's conservative justices said the 2010 judgement also applies to state campaign finance laws.

"The question presented in this case is whether the holding of Citizens United applies to the Montana state law. There can be no serious doubt that it does," the justices ruled.

As such they ruled in favour of three corporations – a political advocacy group called American Tradition Partnership Inc, a non-profit organisation that promotes shooting sports and a small family-owned painting business – that challenged Montana for violating their free-speech rights.

Under the Citizens United rulings, corporations are allowed to spend unlimited money to support or oppose political candidates in federal elections, as long as the finance is independent of the campaigns it is intended to help.

The 2010 judgement cited a company's right to free speech, implying that it would cover state elections as well as federal.

Justice Anthony Kennedy declared in his Citizens United opinion that independent expenditures by corporations "do not give rise to corruption or the appearance of corruption".

But the state of Montana felt differently and sought to defend its 1912 law limiting corporate spending. Montana's supreme court sided with the state defending its state law and said that a history of corruption showed the need for limits.

Twenty-two states and the District of Columbia backed Montana in its bid for stricter regulations on campaign money. They had hoped for a debate on the Citizens United decision which could have led to its reconsideration.

Monday's ruling comes amid growing concern over the power of so-called Super Pacs in the current election cycle.

The fundraising vehicles, a direct product of the Citizens United ruling, have to be run separately from a candidate's official campaign. But critics claim that the lines are blurred to such a degree as to make the distinction meaningless.

Justices Ruth Bader Ginsberg and Stephen Breyer wanted a full hearing in the Montana case, arguing that the Citizens United should come under fresh scrutiny because of concern over its effect on campaign finance.

Ginsberg said in February the case "will give the court an opportunity to consider whether, in light of the huge sums currently deployed to buy candidates' allegiance, Citizens United should continue to hold sway".

James Bopp, lead attorney for the three corporations challenging Montana, had argued in his appeal to the supreme court: "If Montana can ban core political speech because of Montana's unique characteristics, free speech will be seriously harmed. Speakers will be silenced because of corruption by others over a century ago."

The Supreme Court summarily ruled for the corporations in a brief opinion and reversed the ruling of the Montana supreme court.
http://www.guardian.co.uk/law/2012/jun/25/supreme-court-citizens-united-montana
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    Community,   Corporate Personhood and "Citizens United"
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148 comments // Supreme court strengthens Citizens United in striking Montana election law

  • lenhart
  • MSII
  • bailey78
  • lenhart
    • +4
      lenhart  
    • If corporations are people so too are UNIONS!

      But --should UNIONS assert 'personhood', corporations (which don't like unions in ANY case) would scream bloody murder being comprised as they are of liars, psychopaths and hypocrites who cannot be held to their own 'standards'!

      In fact, I have urged unions to INCORPORATE! What's to prevent them from fighting fire with fire? Nothing!!! And in this case SCOTUS would have no choice to but to support them having already said that any corporation that they may form is 'A' person.

      I suggest that ALL OF THE UNIONS form a SUPER SUPER CORPORATION!

      It should strike terror into the hearts of the crooks, liars, hypocrites and robber barons which now make up the so-called 'corporate community' so dear to the hearts of crooked justices like Clarence Thomas.

      THE NATION'S LARGEST UNIONS could --in fact --INCORPORATE and, in one stroke, strike fear and trembling into the hearts of so-called 'corporate AmeriKa':

      As of 2003 these were all of the unions in the US with over 100,000 members in order from the largest:

      NEA - National Education Association - 2,679,396

      SEIU - Service Employees International Union - 1,464,007

      UFCW - United Food & Commercial Workers - 1,380,507

      IBT - International Brotherhood of Teamsters 1,350,000

      AFSCME - American Federation of State, County & Municipal Employees - 1,350,000

      LIUNA - Laborers' International Union of North America 840,180

      AFT - American Federation of Teachers 770,090

      IBEW - International Brotherhood of Electrical Workers 700,548

      IAM - International Association of Machinists and Aerospace Workers 673,095

      UAW - United Automobile, Aerospace and Agricultural Implement Workers of America 638,722

      CWA - Communications Workers of America 557,136

      USWA - United Steelworkers of America 532,234

      UBC - United Brotherhood of Carpenters and Joiners of America 531,839

      IUOE - International Union of Operating Engineers 390,388

      NPMHU - National Postal Mailhandlers Union 388,480

      UA - United Association of the Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada 325,914

      NALC - National Association of Letter Carriers 294,315

      APWU - American Postal Workers Union 292,901

      PACE - Papter, Allied-Industrial, Chemical and Engineering Workers International Union 274,464

      IAFF - International Association of Fire Fighers 261,551

      HERE - Hotel Employees and Restaurant Employees International Union 249,151

      UNITE - Union of Needletrades, Industrial and Textile Employees 209,876

      AFGE - American Federation of Government Employees 200,600

      AGVA - American Guild of Variety Artists 182,597

      UAN - United American Nurses 152,000

      OPEIU - Office and Professional Employees International Union 150,882

      SMW - Sheet Metal Workers International Association 148,378

      BSORIW - International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers 130,928

      IUPAT - International Union of Painters and Allied Trades 115,511

      BCTGM - Bakery, Confectionery, Tobacco Workers and Grain Millers International Union 114,618

      TWU - Transportation Workers Union of America 110,000

      AACSE - American Association of Classified School Employees 109,188

      IATSE - International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States and Canada 104,102

      AFM - American Federation of Musicians of the United States and Canada 102,000

      NRLCA - National Rural Letter Carriers' Association 101,810

      BAC - International Union of Bricklayers and Allied Craftworkers 101,499

      TCU - Transportation Communications International Union 101,228

      UMWA - United Mineworkers of America 100,570

      Add up the membership of all these unions! How much money could be raised with the sale of stock?

      I would urge this SUPER UNION, INC to sell stock! Few corporations could be so large so quickly. Should this stock sell publicly, this SUPER-UNION, INC could be a major player literally overnight.

      With that kind of clout, UNIONS could have their own lobbyists on K-Street!

      Congress would --to say the least --pay attention and, one hopes, get a fucking clue!

      Such a powerful 'corporation' could, at the same time, hire an army of lobbyists to lobby for the REPEAL of 'Citizens-United' which congress could easily do by merely, re-defining the word 'corporation'.

    • 11 months ago
  • Mishima
    • -4
      Mishima [removed]  
    • lenhart:

      "corporations (which don't like unions in ANY case) would scream bloody murder being comprised as they are of liars, psychopaths and hypocrites who cannot be held to their own 'standards'!"

      Look around in your town. You will find that the gas station owner, the shoe store salesman, the real estate company, and the attorney are "incorporated." Heck, my dentist is incorporated.

      Corporations are not evil entities, no matter how much your radical socialist ideology demands that you destroy every vesitge of the free market.

    • 11 months ago
  • Mishima
    • -4
      Mishima [removed]  
    • lenhart:

      Unions in the private sector have thankfully been on the decline since the 1950s.

      So, the anti-freedom to work people focus on GOVERNMENT unions. But starting with the great Ronald Reagan, we the American people have managed to restrain them and make them adhere to their public trust. Now that Scott Walker has won in Wisconsin, this will give an impetus to stop the GOVERNMENT unions to expand and rob the taxpayers.

      In addition, liberty is spreading in more and more Right-to-Work states as they increase. I have not kept up with Michigan: Did it pass legislation to have more freedom there by allowing workers to refuse to give up part of their pay to unions? I certainly hope so.

      Unions are finished in this country. The NEA has helped in the ruination of education and burdening communities with excess and wasteful expenditures, and the American people are waking up to it. Homeschooling is one result, for example, and this radical anti-freedom union (NEA) tried to thwart this noble movement. But it could not. The American people love freedom too much to let unions and their thugs take it.

    • 11 months ago
  • MSII
  • Incredulous
  • attilatheblond
  • lenhart
  • lenhart
    • +5
      lenhart  
    • Image
    • Believing that corporations are people is psychotic! But SCOTUS so ruled because they are OWNED! Our 'high' court is a corporate sponsored whore house! How do you like their new corporate robes?

    • 11 months ago
  • MSII
  • Mishima
  • bailey78
  • Mishima
  • bailey78
  • bailey78
  • Mishima
    • -5
      Mishima [removed]  
    • bailey78:

      No, to claim that Gallup is invalid or right-wing is simply a response from the Left that wants to deny facts, data, and good sources. This is always what they do. I actually tried, on different forums, to present sources and data. But the Left-wingers Never accepts any. Not even when I used government sources. If the data conflicted with their dogma, they always rejected them, always. That is why I no longer do it.

    • 11 months ago
  • bailey78
  • MSII
    • +4
      MSII  
    • Mishima:

      Typical response from the right. This is precisely why I never provide sources, links to right-wingers when they request them. They always do the same thing. Always. Never an exception. Never.

    • 11 months ago
  • hammywill
    • +1
      hammywill  
    • Mishima:

      You're right on that assertion. Though I would say the same is true for every Conservative I have ever responded to. It is not unique to the "liberal" mindset. That being said...I'm a Liberal and I find myself figuratively "tarred and feathered" whenever I attempt to smash the myth of a Surplus under the Clinton Administration. Even though my source links are ALWAYS the Treasury Department's own website. *sigh* I find that both sides tend to be myopic and refuse to be rational at all. Political Rhetoric is the ONLY source that 99% of the populous finds credible.

    • 11 months ago
  • Mishima
    • -5
      Mishima [removed]  
    • hammywill:

      {Political Rhetoric is the ONLY source that 99% of the populous finds credible.}

      Yes. And data and statistics can be cherry-picked and manipulated. Therefore, I think that what we are all really talking about is values. And people will not discuss those in a reasonable and mature way. They hide under the numerology and talking points.

    • 11 months ago
  • MSII
    • +4
      MSII  
    • Mishima:

      "They hide under the numerology and talking points."

      Numerology? Not since holy-saint-reagan-the-mad, but that was kept in the basement along with the astrologer.

      "Numerology is any study of the purported divine, mystical or other special relationship between a count or measurement and observed or perceived events".

      As for the talking points, yes, right-wing-corporate-fascist-party Faux Noise channel Herr rupert goebbels talking points and b.s p.r spin propaganda of and for the 1% new feudal corporate-fascist-masters.

    • 11 months ago
  • lenhart
    • +7
      lenhart  
    • Corporations are NOT people and should be prohibited --under penalty of corporate death --from spending so much as a penny on any political campaign of any sort at any level!

      SCOTUS is owned and crooked!

    • 11 months ago
  • Mishima
  • letsliveinpeace
  • cmc101
  • cmc101
  • Mishima
  • artemis6
  • MSII
  • cmc101
    • +1
      cmc101  
    • Mishima:

      yep you are so right
      But he is not a servant of the people
      you cannot make a statement "to divide and conquer"
      using WAR statements
      thanks for your opinion take it else where

    • 11 months ago
  • hammywill
  • Mishima
  • lenhart
    • +2
      lenhart  
    • letsliveinpeace:

      I have never believed the court was impartial! No one of convictions can be 'impartial'; but being CROOKED is something else again. Bertolt Brecht put it this way: "A man who does not know the truth is just an idiot but a man who knows the truth and calls it a lie is a CROOK!!!!" A 'crook' posts on Current from time to time. He is known to all. And to all, he is known as a crook!

    • 11 months ago
  • lenhart
    • +4
      lenhart  
    • Mishima:

      NOT analogous!

      No one has ever said that unions were 'people'!

      Crooks and liars have said that corporations were people; of course, they are not!

      What HAS been said is that real people who work for a living have rights. Some of those rights were enumerated in the Bill of Rights for a start! Read it and learn!

      Earilier --when King John was forced to sign the Magna Carta he was not declaring that mere abstractions, mere concepts had personhood! The Magna Carta --rather --declared that the rights of LIVING, BREATHING PERSONS were not to be arbitrarily abrogated by the crown.

      In fact, there is absolutely NO PRECEDENT for corporate personhood to be found in any western intellectual or philosophical tradition and that is the case since Plato.

      Face it --a crooked court pulled 'corporate personhood' out of its sorry ass because they are OWNED! Another word that accurately describes the current high court is: WHORE!

    • 11 months ago
  • lenhart
    • +4
      lenhart  
    • MSII:

      Thanks msii! IF corporations were people, DUPONT should have been put to death for BHOPAL! And EXXON should have been sued out of existence for the Exxon Valdez disaster.

      Those disasters occurred because corporations are, in fact, PRIVILEGED in ways that persons can never, ever be! That's what proves that CORPORATE PERSONHOOD is a callous, calculated and deliberate BIG LIE by fascists seeking to impose a fascist state upon the real, living, breathing people of the United States.

      Hell --U.S. corporations LEECH upon the nation. They bank their money offshore. Ergo: NONE of it 'trickles down'! It's one of several reasons that every recession/depression since H. Hoover's Great Depression has occurred during a GOP regime.

    • 11 months ago
  • Mishima
    • -2
      Mishima [removed]  
    • lenhart:

      Unions in themselves are an abstract entity or an organization. Unions support Left-winger politicians, using funds that they confiscate from those who do not want to pay the extortion money but have to in order to work. Unless it is a state that supports liberty with Right-to-Work laws, of course.

    • 11 months ago
  • Mishima
    • -1
      Mishima [removed]  
    • lenhart:

      "What HAS been said is that real people who work for a living have rights. Some of those rights were enumerated in the Bill of Rights for a start!"

      Yes, they have them. And they do not include the malevolent socialism.

    • 11 months ago
  • MSII
  • MSII
    • +3
      MSII  
    • Mishima:

      "corporate persons" in themselves are abstract (FALSE) entities. corporate-fascists support right-winger politicians, using funds that they fail to pay in lawful taxes, that they hide in their off-shore accounts like mittens rMoney.

    • 11 months ago
  • MSII
  • MSII
  • attilatheblond
  • attilatheblond
  • Mishima
  • cmc101
  • attilatheblond
    • +2
      attilatheblond  
    • Mishima:

      Abuse? So are you against ALL lobbying, or only when workers join together and pool their money to do it?

      Don't bother to answer. Experience has taught there is little logic but a lot of partisan parroting.

    • 11 months ago
  • attilatheblond
  • Mishima
  • lenhart
  • attilatheblond
  • Mishima
  • bailey78
  • MSII
  • MSII
  • Vic_Romano
    • +4
      Vic_Romano  
    • Halls of justice, painted green
      Money talking
      Power wolves beset your door
      Hear them stalking

      Soon you'll please their appetite
      They devour
      Hammer of justice crushes you
      Overpower

      The ultimate in vanity
      Exploiting their supremacy
      I can't believe the things you say
      I can't believe, I can't believe the price you pay

      Nothing can save you...

      Justice is lost
      Justice is raped
      Justice is gone

      Pulling your strings
      Justice is done

      Seeking no truth
      Winning is all
      Find it so grim
      So true, so real

      Apathy their stepping stone
      So unfeeling
      Hidden deep animosity
      So deceiving

      Through your eyes their light burns
      Hoping to find
      Inquisition sinking you
      With prying minds

      The ultimate in vanity
      Exploiting their supremacy
      I can't believe the things you say
      I can't believe, I can't believe the price you pay

      Nothing can save you....

      Justice is lost
      Justice is raped
      Justice is gone

      Pulling your strings
      Justice is done

      Seeking no truth
      Winning is all
      Find it so grim
      So true, so real

      Lady justice has been raped
      Truth assassin
      Rolls of red tape seal your lips
      Now you're done in

      Their money tips her scales again
      Make your deal
      Just what is truth? I cannot tell
      Cannot feel

      The ultimate in vanity
      Exploiting their supremacy
      I can't believe the things you say
      I can't believe, I can't believe the price we pay

      Nothing can save us....

      Justice is lost
      Justice is raped
      Justice is gone

      Pulling your strings
      Justice is done

      Seeking no truth
      Winning is all
      Find it so grim
      So true, so real

      Seeking no truth
      Winning is all
      Find it so grim
      So true, so real

      http://www.youtube.com/watch?v=UfoDh1XL2wo

    • 11 months ago
  • HarukoHaruhara
  • Vic_Romano
  • MSII
  • Leen61
  • letsliveinpeace
    • +5
      letsliveinpeace  
    • Leen61:

      Thanks, Leen61 for posting, great article.

      Another federal court decision that quickly followed Citizens United tied these threads together and unleashed 2012’s super PACS, in which former aids to various presidential candidates (mostly on the GOP side of the aisle) created these groups, started taking multi-million-dollar donations, and used the money for ads backing their ex-bosses.

      Exactly the point! This is what happened in Wisconsin, Scott Walker won nothing. It was bought and paid for. I believe the reason they want the White House is power and control of the military, and once they get their hands on the military, all hell will break loose. History is repeating itself people, don't forget what happened in Nazi Germany. We've lost our democracy, date 06/25/2012, what are we going to do about it, whatever we decide to do we must stand as one, divided we fall, together we're strong. Remember what Scott Walker said divide and conquer, that's what they want. POWER!

      November 2012

    • 11 months ago
  • cmc101
    • +5
      cmc101  
    • Leen61:

      you are so right
      what is good for the nation together is not good for Bain capital
      remember we fought 20 years to break up AT&T and they are back as a conglomerate

    • 11 months ago
  • Leen61
  • Leen61
  • mii
    • +6
      mii  
    • No remorse, no backing down, or admission of
      making a horrendous mistake.
      "no appearance of corruption" Justice Kennedy?
      Their 5/4 defiant corruption is stunning.

    • 11 months ago
  • lenhart
  • bike10
  • MSII
  • artemis6
  • artemis6
  • letsliveinpeace
  • savroD
  • MSII
  • savroD
  • MSII
  • dubscorleone
  • attilatheblond
  • cmc101
  • PressCore
    • +8
      PressCore  
    • Please support Senator Sanders' movement for a Constitutional
      Amendment outlawing this infamous Corporations United decision,
      as it outlaws corporate citizenship. Whitenoise once pointed out
      the sordid History of behind the scenes Organized Crime which
      precipitated that crooked doctrine. Bribing the Court reporter to
      pen in a Forgery of the actual court ruling against corporate
      citizenship, fraudulently misrepresenting the actual State Court
      ruling...Then intimidating the Judge from taking action to counter
      it...The Corporation being sued in the late 1800s was sued for
      Discrimination using the 14th Amendment as the plaintiff's legal
      ground. The Corporate defendants saw the opportunity to criminaly
      change the Constitution to declare themselves " citizens " so as
      to claim equal rights as humans they weren't entitled to. After
      that it was one long clusterfuck of dominoes falling. Law depends
      on precedant. Humans are immitative. When the Bribed Forgery
      lied as law noone bothered to question the evil circumstances
      because people blindly presumed all was proper with it. HA !!!

    • 11 months ago
  • MSII
  • cmc101
    • +6
      cmc101  
    • Justice Anthony Kennedy declared in his Citizens United opinion that independent expenditures by corporations "do not give rise to corruption or the appearance of corruption".
      Let us prove him wrong
      start looking for real proof

    • 11 months ago
  • MSII
  • hammywill
  • cmc101
  • lenhart
    • +5
      lenhart  
    • cmc101:

      Just words....justices no longer bother citing case law and/or precedent. Since SCALY, they believe that they can just string legalistic sounding words together! One recalls the Wizard of Oz ---the master of big words and bullshit.

    • 11 months ago
  • MSII
  • lenhart
    • +2
      lenhart  
    • cmc101:

      What Kennedy conveniently omitted was corporate support of politicians in general. Of course, with Citizens-United corporations won't have to bother laundering their payoffs anymore. Thanks to SCOTUS, the U.S. can now boast of being home to the very best politicians money can buy.

    • 11 months ago
  • cmc101
  • MSII
    • +2
      MSII  
    • lenhart:

      "U.S. can now boast of being home to the very best politicians money can buy."

      It's more of the "exceptionalism" the right-wing-corporate-fascists are always preaching about!

    • 11 months ago
  • Leen61
  • letsliveinpeace
  • Leen61
  • letsliveinpeace
  • Leen61
  • letsliveinpeace
  • Leen61
  • cmc101
  • letsliveinpeace
  • SIBob
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