<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
		>
<channel>
	<title>Comments on: Is There a Constitutional Right for Corporations to Influence Elections?</title>
	<atom:link href="http://www.ohioverticals.com/blogs/akron_law_cafe/2009/09/is-there-a-constitutional-right-for-corporations-to-influence-elections/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.ohioverticals.com/blogs/akron_law_cafe/2009/09/is-there-a-constitutional-right-for-corporations-to-influence-elections/</link>
	<description>University of Akron School of Law Blog</description>
	<lastBuildDate>Thu, 18 Mar 2010 20:05:07 +0000</lastBuildDate>
	<generator>http://wordpress.org/?v=2.9.2</generator>
	<sy:updatePeriod>hourly</sy:updatePeriod>
	<sy:updateFrequency>1</sy:updateFrequency>
		<item>
		<title>By: Dave</title>
		<link>http://www.ohioverticals.com/blogs/akron_law_cafe/2009/09/is-there-a-constitutional-right-for-corporations-to-influence-elections/comment-page-1/#comment-2349</link>
		<dc:creator>Dave</dc:creator>
		<pubDate>Sun, 20 Sep 2009 22:42:40 +0000</pubDate>
		<guid isPermaLink="false">http://www.ohioverticals.com/blogs/akron_law_cafe/?p=3048#comment-2349</guid>
		<description>You are probably right Professor Huhn, it people didn&#039;t have to pay both sides they might be happy about it. 

Getting money out of the election system sounds like a good goal. But the reality of it is, it ends up being incumbent insurance. And the one thing we all seem to agree upon is that we are headed in the wrong direction. The last thing we need to do is lock in this group, particularly in Congress.</description>
		<content:encoded><![CDATA[<p>You are probably right Professor Huhn, it people didn&#039;t have to pay both sides they might be happy about it. </p>
<p>Getting money out of the election system sounds like a good goal. But the reality of it is, it ends up being incumbent insurance. And the one thing we all seem to agree upon is that we are headed in the wrong direction. The last thing we need to do is lock in this group, particularly in Congress.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Dave</title>
		<link>http://www.ohioverticals.com/blogs/akron_law_cafe/2009/09/is-there-a-constitutional-right-for-corporations-to-influence-elections/comment-page-1/#comment-2348</link>
		<dc:creator>Dave</dc:creator>
		<pubDate>Sun, 20 Sep 2009 18:44:36 +0000</pubDate>
		<guid isPermaLink="false">http://www.ohioverticals.com/blogs/akron_law_cafe/?p=3048#comment-2348</guid>
		<description>I&#039;m  not necessarily trying to open corporate treasuries. But I think it is unreasonable to allow GE to run 3 or 4 all Obama, all the time, television networks without giving other corporations the FREEDOM to have their say in the court of public opinion.</description>
		<content:encoded><![CDATA[<p>I&#039;m  not necessarily trying to open corporate treasuries. But I think it is unreasonable to allow GE to run 3 or 4 all Obama, all the time, television networks without giving other corporations the FREEDOM to have their say in the court of public opinion.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Professor Will Huhn</title>
		<link>http://www.ohioverticals.com/blogs/akron_law_cafe/2009/09/is-there-a-constitutional-right-for-corporations-to-influence-elections/comment-page-1/#comment-2347</link>
		<dc:creator>Professor Will Huhn</dc:creator>
		<pubDate>Sun, 20 Sep 2009 13:21:20 +0000</pubDate>
		<guid isPermaLink="false">http://www.ohioverticals.com/blogs/akron_law_cafe/?p=3048#comment-2347</guid>
		<description>Thanks, Stefan for the excellent post as well as your informative comment.  There is another practical consideration that Justice Roberts and our more conservative readers may have overlooked in their zeal to open corporate treasuries to political action.  Personally, I hate being asked for money, and if I were a corporation trying to surf the political waters I would be extremely grateful for a law that prohibited me from making any contributions to political campaigns in any way, shape, or form.  You will notice that as individuals most powerful people make contributions to both political parties - to both candidates.  They feel that they have to in order to remain a &quot;player&quot; in the quest for government contracts, but unlike bloggers most businesspeople don&#039;t really have an ideological ax to grind.  If the Court changes its longstanding interpretation of the Constitution to allow politicians to solicit corporate and union donations, then I guess the sky&#039;s the limit - whatever they contribute will never be enough.
I would be extremely surprised if more than a tiny percentage of corporate America - large cap, mid cap, small cap, or closely held - wants to spend corporate money on political campaigns.  If the law is changed in this regard you may see a backlash from ordinary businessfolk.</description>
		<content:encoded><![CDATA[<p>Thanks, Stefan for the excellent post as well as your informative comment.  There is another practical consideration that Justice Roberts and our more conservative readers may have overlooked in their zeal to open corporate treasuries to political action.  Personally, I hate being asked for money, and if I were a corporation trying to surf the political waters I would be extremely grateful for a law that prohibited me from making any contributions to political campaigns in any way, shape, or form.  You will notice that as individuals most powerful people make contributions to both political parties &#8211; to both candidates.  They feel that they have to in order to remain a &#034;player&#034; in the quest for government contracts, but unlike bloggers most businesspeople don&#039;t really have an ideological ax to grind.  If the Court changes its longstanding interpretation of the Constitution to allow politicians to solicit corporate and union donations, then I guess the sky&#039;s the limit &#8211; whatever they contribute will never be enough.<br />
I would be extremely surprised if more than a tiny percentage of corporate America &#8211; large cap, mid cap, small cap, or closely held &#8211; wants to spend corporate money on political campaigns.  If the law is changed in this regard you may see a backlash from ordinary businessfolk.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Quidpro</title>
		<link>http://www.ohioverticals.com/blogs/akron_law_cafe/2009/09/is-there-a-constitutional-right-for-corporations-to-influence-elections/comment-page-1/#comment-2346</link>
		<dc:creator>Quidpro</dc:creator>
		<pubDate>Sun, 20 Sep 2009 00:29:12 +0000</pubDate>
		<guid isPermaLink="false">http://www.ohioverticals.com/blogs/akron_law_cafe/?p=3048#comment-2346</guid>
		<description>Thanks, Dave.  In this case, following the Constitution is also the right thing to do.  Political speech (i.e., speech designed to &quot;influence an election&quot;), of all speech, should be entitled to the highest protection under the First Amendment.  The shame of our First Amendment jurisprudence is that &quot;Hillary: The Movie&quot; would have been entitled to greater protection if it had been presented as pornographic, rather than political speech.</description>
		<content:encoded><![CDATA[<p>Thanks, Dave.  In this case, following the Constitution is also the right thing to do.  Political speech (i.e., speech designed to &#034;influence an election&#034;), of all speech, should be entitled to the highest protection under the First Amendment.  The shame of our First Amendment jurisprudence is that &#034;Hillary: The Movie&#034; would have been entitled to greater protection if it had been presented as pornographic, rather than political speech.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Dave</title>
		<link>http://www.ohioverticals.com/blogs/akron_law_cafe/2009/09/is-there-a-constitutional-right-for-corporations-to-influence-elections/comment-page-1/#comment-2345</link>
		<dc:creator>Dave</dc:creator>
		<pubDate>Sat, 19 Sep 2009 22:25:31 +0000</pubDate>
		<guid isPermaLink="false">http://www.ohioverticals.com/blogs/akron_law_cafe/?p=3048#comment-2345</guid>
		<description>Quid, 

You are all over this. Shall make no law should have been enough to torpedo McCain-Feingold the first time around. 

It doesn&#039;t matter how well intentioned It is, we have to follow the constitution.</description>
		<content:encoded><![CDATA[<p>Quid, </p>
<p>You are all over this. Shall make no law should have been enough to torpedo McCain-Feingold the first time around. </p>
<p>It doesn&#039;t matter how well intentioned It is, we have to follow the constitution.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Quidpro</title>
		<link>http://www.ohioverticals.com/blogs/akron_law_cafe/2009/09/is-there-a-constitutional-right-for-corporations-to-influence-elections/comment-page-1/#comment-2343</link>
		<dc:creator>Quidpro</dc:creator>
		<pubDate>Sat, 19 Sep 2009 02:26:27 +0000</pubDate>
		<guid isPermaLink="false">http://www.ohioverticals.com/blogs/akron_law_cafe/?p=3048#comment-2343</guid>
		<description>Professor,

The New York Times is owned by a corporation.  It attempts to influence elections through the content of its pages, including its editorials and endorsements.  McCain-Feingold protects the statments and opinions of the NYT on the eve of elections but prohibits those of Citizens United.  Please explain why such a distinction passes Constitutional muster.</description>
		<content:encoded><![CDATA[<p>Professor,</p>
<p>The New York Times is owned by a corporation.  It attempts to influence elections through the content of its pages, including its editorials and endorsements.  McCain-Feingold protects the statments and opinions of the NYT on the eve of elections but prohibits those of Citizens United.  Please explain why such a distinction passes Constitutional muster.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: The Reverend</title>
		<link>http://www.ohioverticals.com/blogs/akron_law_cafe/2009/09/is-there-a-constitutional-right-for-corporations-to-influence-elections/comment-page-1/#comment-2342</link>
		<dc:creator>The Reverend</dc:creator>
		<pubDate>Fri, 18 Sep 2009 20:15:42 +0000</pubDate>
		<guid isPermaLink="false">http://www.ohioverticals.com/blogs/akron_law_cafe/?p=3048#comment-2342</guid>
		<description>Thanks much for the post. I&#039;ve seen this one coming. Roberts is an extremist Chief Justice and he proved it once again by fast tracking this &quot;Hillary&quot; case. Bush, the Younger, appointed Roberts specifically to do what he&#039;s been doing, hand the rest of what&#039;s left of the country&#039;s assets and voice over to a tiny minority of entitled, privileged and obscenely wealthy people. The Alito addition was like pouring salt on a fresh wound.

To the professors: when it comes down to it, you can kiss precedence and case history goodby with these Supremes. Already been demonstrated in the Bong hits for Jesus case, the school segregation case, I believe from St. Louis, the Ricci case.....and now the &quot;Hillary Movie&quot; case. And who can ever forget how the Rehnquest Court unconstitutionally bypassed precedence in Bush v Gore.

Roberts, Alito, Thomas and Scalia are bullrushing Kennedy to go along with Roberts&#039; conservative agenda. We&#039;re going to see a lot more of this. More hand picked cases for the purpose of making radically conservative rulings the new way forward in America. Won&#039;t that be great?</description>
		<content:encoded><![CDATA[<p>Thanks much for the post. I&#039;ve seen this one coming. Roberts is an extremist Chief Justice and he proved it once again by fast tracking this &#034;Hillary&#034; case. Bush, the Younger, appointed Roberts specifically to do what he&#039;s been doing, hand the rest of what&#039;s left of the country&#039;s assets and voice over to a tiny minority of entitled, privileged and obscenely wealthy people. The Alito addition was like pouring salt on a fresh wound.</p>
<p>To the professors: when it comes down to it, you can kiss precedence and case history goodby with these Supremes. Already been demonstrated in the Bong hits for Jesus case, the school segregation case, I believe from St. Louis, the Ricci case&#8230;..and now the &#034;Hillary Movie&#034; case. And who can ever forget how the Rehnquest Court unconstitutionally bypassed precedence in Bush v Gore.</p>
<p>Roberts, Alito, Thomas and Scalia are bullrushing Kennedy to go along with Roberts&#039; conservative agenda. We&#039;re going to see a lot more of this. More hand picked cases for the purpose of making radically conservative rulings the new way forward in America. Won&#039;t that be great?</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Professor Stefan Padfield</title>
		<link>http://www.ohioverticals.com/blogs/akron_law_cafe/2009/09/is-there-a-constitutional-right-for-corporations-to-influence-elections/comment-page-1/#comment-2340</link>
		<dc:creator>Professor Stefan Padfield</dc:creator>
		<pubDate>Fri, 18 Sep 2009 15:46:11 +0000</pubDate>
		<guid isPermaLink="false">http://www.ohioverticals.com/blogs/akron_law_cafe/?p=3048#comment-2340</guid>
		<description>There are at least 3 important issues here:

1.  &lt;strong&gt;Do corporations have free speech rights?&lt;/strong&gt;  

The current answer is &quot;yes&quot;.  Compare Grosjean v. American Press Co., 297 U.S. 233, 244 (1936) (&quot;Appellant contends that the Fourteenth Amendment does not apply to corporations; but this is only partly true.  A corporation, we have held, is not a ‘citizen’ within the meaning of the privileges and immunities clause. Paul v. Virginia, 8 Wall, 168, 19 L.Ed. 357. But a corporation is a ‘person’ within the meaning of the equal protection and due process of law clauses, which are the clauses involved here.&quot;).

2.  &lt;strong&gt;Are political contributions/expenditures protected &quot;speech&quot;?&lt;/strong&gt;  

The current answer is also &quot;yes&quot;.  See Buckley v. Valeo, 424 U.S. 1, 16 (1976) (&quot;[T]his Court has never suggested that the dependence of a communication on the expenditure of money operates itself to introduce a nonspeech element or to reduce the exacting scrutiny required by the First Amendment.&quot;).

3.  &lt;strong&gt;Is the prohibition on laws abridging the freedom of speech absolute?&lt;/strong&gt;  

No.  See New Rider v. Board of Ed. of Independent School Dist. No. 1, Pawnee County, Oklahoma, 480 F.2d 693, 698 (10th Cir. 1973) (&quot;Constitutional rights, including First Amendment rights, are not absolutes. Courts must balance them against a compelling public interest.&quot;).

All this leads to a final conclusion (excerpted from Austin v. Michigan Chamber of Commerce, 494 U.S. 652, 658-59 (1990)), which is currently being challenged in the Citizens United case:



&lt;blockquote&gt;State law grants corporations special advantages-such as limited liability, perpetual life, and favorable  treatment of the accumulation and distribution of assets-that enhance their ability to attract capital and to deploy their resources in ways that maximize the return on their shareholders&#039; investments. These state-created advantages not only allow corporations to play a dominant role in the Nation&#039;s economy, but also permit them to use “resources amassed in the economic marketplace” to obtain “an unfair advantage in the political marketplace.” MCFL, 479 U.S., at 257, 107 S.Ct., at 627. As the Court explained in MCFL, the political advantage of corporations is unfair because

“[t]he resources in the treasury of a business corporation ... are not an indication of popular support for the corporation&#039;s political ideas. They reflect instead the economically motivated decisions of investors and customers. The availability of these resources may make a corporation a formidable political presence, even though the power of the corporation may be no reflection of the power of its ideas.” Id., at 258, 107 S.Ct., at 628.

We therefore have recognized that “the compelling governmental interest in preventing corruption support[s] the restriction of the influence of political war chests funneled through the corporate form.” NCPAC, supra, 470 U.S., at 500-501, 105 S.Ct., at 1470; see also MCFL, supra, 479 U.S., at 257, 107 S.Ct., at 627.&lt;/blockquote&gt;

</description>
		<content:encoded><![CDATA[<p>There are at least 3 important issues here:</p>
<p>1.  <strong>Do corporations have free speech rights?</strong>  </p>
<p>The current answer is &#034;yes&#034;.  Compare Grosjean v. American Press Co., 297 U.S. 233, 244 (1936) (&#034;Appellant contends that the Fourteenth Amendment does not apply to corporations; but this is only partly true.  A corporation, we have held, is not a ‘citizen’ within the meaning of the privileges and immunities clause. Paul v. Virginia, 8 Wall, 168, 19 L.Ed. 357. But a corporation is a ‘person’ within the meaning of the equal protection and due process of law clauses, which are the clauses involved here.&#034;).</p>
<p>2.  <strong>Are political contributions/expenditures protected &#034;speech&#034;?</strong>  </p>
<p>The current answer is also &#034;yes&#034;.  See Buckley v. Valeo, 424 U.S. 1, 16 (1976) (&#034;[T]his Court has never suggested that the dependence of a communication on the expenditure of money operates itself to introduce a nonspeech element or to reduce the exacting scrutiny required by the First Amendment.&#034;).</p>
<p>3.  <strong>Is the prohibition on laws abridging the freedom of speech absolute?</strong>  </p>
<p>No.  See New Rider v. Board of Ed. of Independent School Dist. No. 1, Pawnee County, Oklahoma, 480 F.2d 693, 698 (10th Cir. 1973) (&#034;Constitutional rights, including First Amendment rights, are not absolutes. Courts must balance them against a compelling public interest.&#034;).</p>
<p>All this leads to a final conclusion (excerpted from Austin v. Michigan Chamber of Commerce, 494 U.S. 652, 658-59 (1990)), which is currently being challenged in the Citizens United case:</p>
<blockquote><p>State law grants corporations special advantages-such as limited liability, perpetual life, and favorable  treatment of the accumulation and distribution of assets-that enhance their ability to attract capital and to deploy their resources in ways that maximize the return on their shareholders&#039; investments. These state-created advantages not only allow corporations to play a dominant role in the Nation&#039;s economy, but also permit them to use “resources amassed in the economic marketplace” to obtain “an unfair advantage in the political marketplace.” MCFL, 479 U.S., at 257, 107 S.Ct., at 627. As the Court explained in MCFL, the political advantage of corporations is unfair because</p>
<p>“[t]he resources in the treasury of a business corporation &#8230; are not an indication of popular support for the corporation&#039;s political ideas. They reflect instead the economically motivated decisions of investors and customers. The availability of these resources may make a corporation a formidable political presence, even though the power of the corporation may be no reflection of the power of its ideas.” Id., at 258, 107 S.Ct., at 628.</p>
<p>We therefore have recognized that “the compelling governmental interest in preventing corruption support[s] the restriction of the influence of political war chests funneled through the corporate form.” NCPAC, supra, 470 U.S., at 500-501, 105 S.Ct., at 1470; see also MCFL, supra, 479 U.S., at 257, 107 S.Ct., at 627.</p></blockquote>
]]></content:encoded>
	</item>
	<item>
		<title>By: Quidpro</title>
		<link>http://www.ohioverticals.com/blogs/akron_law_cafe/2009/09/is-there-a-constitutional-right-for-corporations-to-influence-elections/comment-page-1/#comment-2335</link>
		<dc:creator>Quidpro</dc:creator>
		<pubDate>Thu, 17 Sep 2009 23:15:18 +0000</pubDate>
		<guid isPermaLink="false">http://www.ohioverticals.com/blogs/akron_law_cafe/?p=3048#comment-2335</guid>
		<description>Yes.  The First Amendment is unamiguous: &quot;Congress shall make no law....&quot;  And not only with respect to &quot;freedom of speech&quot;.  The First Amendment also prohibits Congress from passing any law which prohibits the people from &quot;petition[ing] the government for a redress of grievances&quot;.  The fact that the person exercising these rights is a corporation is irrelevant.  To the extent that McCain-Feingold makes this distinctiion, it should be held unconstitutional.  To the extent that previous Supreme Court decisions hold to the contrary, they must be overruled.

There should be no limits to spending to &quot;influence&quot; elections by any person: corporate, union, or individual.  And there should be complete and immediate disclosure of contributions to candidates and parties.</description>
		<content:encoded><![CDATA[<p>Yes.  The First Amendment is unamiguous: &#034;Congress shall make no law&#8230;.&#034;  And not only with respect to &#034;freedom of speech&#034;.  The First Amendment also prohibits Congress from passing any law which prohibits the people from &#034;petition[ing] the government for a redress of grievances&#034;.  The fact that the person exercising these rights is a corporation is irrelevant.  To the extent that McCain-Feingold makes this distinctiion, it should be held unconstitutional.  To the extent that previous Supreme Court decisions hold to the contrary, they must be overruled.</p>
<p>There should be no limits to spending to &#034;influence&#034; elections by any person: corporate, union, or individual.  And there should be complete and immediate disclosure of contributions to candidates and parties.</p>
]]></content:encoded>
	</item>
</channel>
</rss>
