Campaign finance experts: Mont. Supreme Court erred badly in ruling

“There is so much wrong with this opinion one hardly knows where to begin,” the Center for Campaign Freedom writes.

They go on to state:

“…as the dissent by Justice James Nelson notes:

The Supreme Court could not have been more clear in Citizens United: corporations have broad rights under the First Amendment to the United States Constitution to engage in political speech, and corporations cannot be prohibited from using general treasury funds for this purpose based on antidistortion, anticorruption, or shareholder protected interests. The language of the Citizens United majority opinion is remarkably sweeping and leaves virtually no conceivable basis for muzzling or otherwise restricting corporate political speech in the form of independent expenditures.

… [E]very one of the Attorney General’s arguments – and this Court’s rationale for adopting those arguments – was argued, considered, and then flatly rejected by the Supreme Court.

“The MSC seems to think that Citizen’s United was a mere, as-applied, fact specific challenge, similar to Federal Election Commission v. Massachusetts Citizens for Life, wherein the Court held that a small, volunteer non-profit literally raising money through bake sales could not be subject to the ban on corporate expenditures.

“In fact, Citizens United’s holding that independent expenditures are not “corrupting” is not a statement of fact, but a statement of law…”

They then write:

“In any event, given this misunderstanding of the Supreme Court’s order in Citizens United - although unlike the poor Earl Lucan, here the MSC’s misunderstanding may have been intentional – the MSC has charged into the Valley of Death.”