Another blow against an open democracy, this time in the state of Montana:
October 18, 2010
Judge Tosses Mont. Corporate Campaign Finance Ban
By THE ASSOCIATED PRESS
Filed at 5:02 p.m. ET
HELENA, Mont. (AP) — 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.
.... Attorney General Steve Bullock had argued that the state's ban is unique and should stand despite the Supreme Court decision. He says Montana's law was in response to corporate mining barons taking over state politics.
http://www.nytimes.com/...
The plaintiff in this case, Western Tradition Partnership, nestles cozily in the wilds of Washington DC on Pennsylvania Ave NW, not too far from the White House.
The lawsuit was launched in March of this year:
Monday, March 8, 2010
WTP files suit to protect free speech in Montana
Citizens’ lobby and small businessman seek to overturn political speech ban
BOZEMAN, MT – Citing a Supreme Court decision upholding Americans’ First Amendment rights, Western Tradition Partnership (WTP) and a local employer filed suit Friday in Montana state court seeking to overturn state laws prohibiting political speech by employers.
WTP and Bozeman small business Champion Painting filed the suit in state district court in Helena Mar. 5.
.... "Just as you do not lose your right to religious expression when you freely assemble as a church, you do not lose your right to political expression when you assemble with others under a corporation. Speaking out about issues of taxation and regulation that threaten employers are central to creating jobs and prosperity," said Donny Ferguson, WTP Director of Media and Public Relations. "Our republic and democratic process are only healthy when all sides can speak freely. One side of the argument, namely government officials, should not have a legally-enforced monopoly on speech."
The plaintiffs are represented by Margot Barg of Bozeman’s Wittich Law Firm. Attorney General Steve Bullock and Political Practices Commissioner Dennis Unsworth are named as defendants.
The suit comes after the U.S. Supreme Court upheld First Amendment protections in a suit brought by the non-profit group Citizens United....
http://www.westerntradition.org/
The goals of WTP:
Western Tradition Partnership is a 501(c)(4) grassroots lobbying organization dedicated to fighting environmental extremism and promoting responsible development and management of land, water, and natural resources in the Rocky Mountain West and across the United States. Dozens of radical eco-organizations whose stated purpose is to dismantle the free enterprise system – and our Constitutionally protected rights – through so-called environmental protection have set their sights on robbing Americans of the right to exist, achieve and produce. From single-family homeowners to larger employers, outdoor recreation to manufacturing, no worthwhile pursuit is safe from those who would use bureaucratic, legal, or legislative means to regulate it out of existence.
And, yes, my old friend James Bopp Jr. is featured on the website, where he delivers a homily on the virtues of Citizens United.
More on WTP:
Partnership touts political donations
CHARLES S. JOHNSON Gazette State Bureau The Billings Gazette | Posted: Wednesday, September 29, 2010 10:41 pm
HELENA — The Western Tradition Partnership, the lead plaintiff in the legal challenge to Montana’s ban on corporate spending for candidates, has touted the confidentiality of its donations as a key advantage to support its political efforts.
.... Western Tradition Partnership has mounted both primary and general election attacks on candidates, including some incumbents, since June 2008. The political practices commissioner is investigating complaints against the group.
.... Hoffman said his investigation has found evidence that Western Tradition Partnership intends to or has tried to solicit donations from officers of several foreign corporations or their affiliations, including some based in Canada, South Africa and the United Kingdom.
Western Tradition Partnership calls itself "a grass-roots organization dedicated to ‘Rediscovering America’s National Treasure’ by promoting responsible natural resource development, private property rights and multiple use of and access to public lands." Its website calls itself "the leading organization fighting the anti-jobs, anti-taxpayer policy agenda of extreme environmentalist front groups."
http://billingsgazette.com/...
Montanan Debra Bonogofsky's blogsite has some snarky observations on WTP Executive Director Donny Ferguson:
Just a clarifying note, WTP’s Executive Director, Donny Ferguson lives in Virginia...not really a bastion of "western traditions." Donny Ferguson is a D.C. insider, he is not a Montanan.
http://debrabonogofsky.com/