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Title: Justice Defends Ruling on Finance
Source:
The NY Times
URL Source: http://www.nytimes.com/2010/02/04/us/politics/04scotus.html?ref=us
Published: Feb 4, 2010
Author: Adam Liptak
Post Date: 2010-02-04 08:11:50 by war
Keywords: None
Views: 14779
Comments: 27
WASHINGTON — In expansive remarks at a law school in Florida, Justice Clarence Thomas on Tuesday vigorously defended the Supreme Court’s recent campaign finance decision.
And Justice Thomas explained that he did not attend State of the Union addresses — he missed the dust-up when President Obama used the occasion last week to criticize the court’s decision — because the gatherings had turned so partisan.
Justice Thomas responded to several questions from students at Stetson University College of Law in Gulfport, Fla., concerning the campaign finance case, Citizens United v. Federal Election Commission. By a 5-to-4 vote, with Justice Thomas in the majority, the court ruled last month that corporations had a First Amendment right to spend money to support or oppose political candidates.
“I found it fascinating that the people who were editorializing against it were The New York Times Company and The Washington Post Company,” Justice Thomas said. “These are corporations.”
The part of the McCain-Feingold law struck down in Citizens United contained an exemption for news reports, commentaries and editorials. But Justice Thomas said that reflected a legislative choice rather than a constitutional principle.
He added that the history of Congressional regulation of corporate involvement in politics had a dark side, pointing to the Tillman Act, which banned corporate contributions to federal candidates in 1907.
“Go back and read why Tillman introduced that legislation,” Justice Thomas said, referring to Senator Benjamin Tillman. “Tillman was from South Carolina, and as I hear the story he was concerned that the corporations, Republican corporations, were favorable toward blacks and he felt that there was a need to regulate them.”
It is thus a mistake, the justice said, to applaud the regulation of corporate speech as “some sort of beatific action.”
Justice Thomas said the First Amendment’s protections applied regardless of how people chose to assemble to participate in the political process.
“If 10 of you got together and decided to speak, just as a group, you’d say you have First Amendment rights to speak and the First Amendment right of association,” he said. “If you all then formed a partnership to speak, you’d say we still have that First Amendment right to speak and of association.”
“But what if you put yourself in a corporate form?” Justice Thomas asked, suggesting that the answer must be the same.
Asked about his attitude toward the two decisions overruled in Citizens United, he said, “If it’s wrong, the ultimate precedent is the Constitution.”
Justice Thomas would not directly address the controversy over Mr. Obama’s criticism of the Citizens United ruling or Justice Samuel A. Alito Jr.’s mouthed “not true” in response. But he did say he had stopped attending the addresses.
“I don’t go because it has become so partisan and it’s very uncomfortable for a judge to sit there,” he said, adding that “there’s a lot that you don’t hear on TV — the catcalls, the whooping and hollering and under-the-breath comments.”
“One of the consequences,” he added in an apparent reference to last week’s address, “is now the court becomes part of the conversation, if you want to call it that, in the speeches. It’s just an example of why I don’t go.”
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Begin Trace Mode for Comment # 27.
#7. To: aka Stone (#0)
'AJ Thomas Clueless As To Why Tillman Act Was Passed & Plays Race Card Instead' The first 'quote' is the title of the article, which I had already posted. The second is what my anti groupie made up in his pea brain. I noticed you had a problem with another poster making up the titles to articles posted here a few days ago. You might want to address it again here. Thanks.
I like the previous title better than the current one.
So set up your own website, ethel. And it wasn't the title of this thread. I notice its been removed, and I greatly appreciate it.
Here...the next three are on me...you'll have to supply your own cheesey mustache tho...
There are no replies to Comment # 27. End Trace Mode for Comment # 27.
Top • Page Up • Full Thread • Page Down • Bottom/Latest'Justice Defends Ruling on Finance '
#17. To: Badeye, A K A Stone (#7)
'AJ Thomas Clueless As To Why Tillman Act Was Passed & Plays Race Card Instead'
#18. To: Fred Mertz (#17)
#27. To: Badeye (#18)
I notice its been removed, and I greatly appreciate it.
Replies to Comment # 27.
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