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  1. bluedot
    In addition to the closing passage, here is what I found most penetrating On the issue of whether this is good law: "Those conservative justices [who favored corporate speech rights], Professor Neuborne wrote, found willing allies in liberal justices long committed to free speech." To me, that's the crux. The ones committed to free speech in the past stuck with it and the ones who were reading the new challenges were also convinced. The court can only hear real controversies that come to it from outside parties, so it's not the case that judges began "inventing" corporate speech rights, they had simply never been asked about them before.
  2. bluedot
    Citizens United gets a lot of hate from people I'm politically sympathetic to, but the many interviews and writings from Floyd Abrams explain why I think it was correctly decided. The linked piece by Tribe (linked in the NYT piece below) takes a very different approach but makes some strong arguments in that direction as well.

    As a data analyst, the "turning point" that is cited is supremely unmoving. Our system of law is case law, so when a case is settled that ruling is effectively law. So when there is a drop-off in the number of protest speech cases all it means is that the law has already worked for protestors! In other words, they don't need any more help from the courts. Similar with business speech law; it was new and so more new case law had to be made.
  3. bluedot
    I think that remark is probably true. There are lots of different ways of interpreting the constitution but for the sake of your question, you can think of it as the literalist (textual) versus consequentialist interpretations. One asks what the letters on the page say, take the view that society is ordered by the law and he only thing thing we all have access to is that same text, and base their decisions on that. Others are more interested in things like historical context, legislative history, and so forth. Those folks might look at the Federalist Papers, or the similar laws that were enacted before and after a particular law in question. They also realize that law is meant to order our society, but they think they can get a better sense of that by incorporating a view of the consequences of their decisions and so take a more expansive approach. (It is worth noting that universally, everyone starts with text and it is never ignored.)
  4. CraZyKoKeNo
    also curious about your thoughts on the closing remark

    “There is truth in the proposition that a number of recent First Amendment victories in recent years have been on behalf of the ‘haves’ — some of them corporations, some individuals,” he said. “But that is no basis for concluding that the decisions were wrongly analyzed or wrongly decided.”

    i don't know a ton about the SCOTUS but i've seen this sentiment echoed elsewhere: the SCOTUS and the justice system generally is more interested in the process of the legal/justice system machinations than it is in its results. is that right? if so, has that always been the case? what i'm looking for is a broader perspective on how it is that they view their own work, and how that affects their judgment
  5. CraZyKoKeNo

    sup bro

    i know you like to watch the court so if you didn't see this article i thought you'd find it interesting.
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    Thank You For Your Salutations! We Will Be Good Friends For Years To Come.
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  10. okami3
    thesaurus +sarcasm + liberal arts degree= bluedot
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