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View Diary: MONTANA!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! (288 comments)

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  •  Except that this rationale (4+ / 0-)
    Recommended by:
    Pluto, johnny wurster, varro, VClib

    was rejected as a justification for banning speech by the Supreme Court in CU.  

    •  Indeed. CU is the law of the land. (1+ / 0-)
      Recommended by:
      varro

      On the other hand, I do have a dream of the US breaking up into regions, which I think will be wonderful for the people and much better for the world as a whole. So, perhaps, Montana will lead the way and take a few neighbors with it.


      Most people, when knocked over by the truth, have a tendency to pick themselves up, brush themselves off...and then hurry away like nothing had ever happened.

      by Pluto on Sat Dec 31, 2011 at 12:37:49 PM PST

      [ Parent ]

    •  Yeah (3+ / 0-)
      Recommended by:
      johnny wurster, coffeetalk, VClib

      Folks should read the Nelson dissent.  

      Having considered the matter, I believe the Montana Attorney General has identified some very compelling reasons for limiting corporate expenditures in Montana’s political process. The problem, however, is that regardless of how persuasive I may think the Attorney General’s justifications are, the Supreme Court has already rebuffed each and every one of them. Accordingly, as much as I would like to rule in favor of the State, I cannot in good faith do so.... I cannot agree that [the majority’s] “Montana is unique” rationale is consistent with Citizens United....

      [W]hat has happened here is essentially this: The Supreme Court in Citizens United ... rejected several asserted governmental interests; and this Court has now come along, retrieved those interests from the garbage can, dusted them off, slapped a “Made in Montana” sticker on them, and held them up as grounds for sustaining a patently unconstitutional state statute....

      •  but (0+ / 0-)

        by interpreting the 1st as a technical restriction on the power of Congress rather than a fundamental individual right, CU nullifies the logic for incorporating the 1st amendment against the states.  To the extent that the 1st protects anything other than the rights of individuals, it is not eligible to be incorporated under the 14th amendment.

        If you don't watch out, your job will become one Americans won't do.

        by happymisanthropy on Sat Dec 31, 2011 at 06:51:48 PM PST

        [ Parent ]

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