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Old 02-18-2010, 10:52 PM
MysticCat MysticCat is offline
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Quote:
Originally Posted by HelloKitty22 View Post
The thing that makes the decision so bad is that it is extremely hard to reverse via legislation because the Court essentially expanded free speech to encompass companies. Anything the legistature passes to try to limit the effect of the decision will most likely be struck down as unconstitutional. The part I find particularly funny is that the conservative justices, who are always going on about deferring to the legislature, don't see this as judicial activism, even though they are overturning a 20 year old precedent and the popular will.
The thing is, the popular will is totally irrelevant if the majority is correct and the First Amendment protects the speech that was issue in Citizens United. If it's protected, it's protected, regardless of whether the majority of people are happy about it. That's the very essence of First Amendment Free Speech.

Don't get me wrong -- I'm not looking forward to what could be coming in the next election cycle, much less in 2012. But the only question to ask here with regard to the opinion is whether the Court got it right or wrong as a matter of constitutional interpretation and application.
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