Quote:
Originally Posted by MysticCat
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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Plus the fact that you can use the term "judicial activism" to apply to any ruling where the Court expands on or reinterprets precedent.
If this really is a free speech issue as well, it gets around the whole deference to the legislature. No matter how one may argue for deference to the legislature, no deference is due where the legislative action infringes on free speech.
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