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Cato Podcast

Montana Speech Restrictions Tossed out by SCOTUS

Cato Podcast

Cato Institute

Immigration, News, News Commentary, Peace, 424708, Markets, Government, Libertarian, Policy, Politics, Cato, Defense

4.5979 Ratings

🗓️ 27 June 2012

⏱️ 8 minutes

🧾️ Download transcript

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Transcript

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0:00.0

This is the Cato Daily Podcast for Wednesday, June 27, 2012. I'm Caleb Brown.

0:06.0

When the Supreme Court rejected a Montana claim that Citizens United, the free speech ruling,

0:11.0

didn't apply to a ban on some political speech, the court did so along the lines you might expect.

0:17.0

And that sends a signal that Citizens United may not be as settled a case as fans of free speech might hope.

0:24.0

John Samples, director of the Cato Institute Center

0:26.3

for Representative Government, comments.

0:28.3

The Supreme Court did not hear this case.

0:30.4

They essentially issued a summary opinion saying your 1912 law prohibiting corporate

0:36.3

expenditures to talk about politics in your races is overturns based on the clear language of citizens united.

0:46.0

Does this have any real meaning?

0:47.6

Does this really change anything about the calculus of campaign

0:51.3

finance reformers?

0:52.4

Well, this decision was expected.

0:54.3

It's not news and it was expected for the reason the majority said in their opinion here,

0:59.2

which is that the First Amendment has applied to the states for a long time, right?

1:05.0

And so Citizens United interpreted the First Amendment of the National Constitution.

1:10.0

There's a supremacy clause in the Constitution that says state laws don't

1:15.2

trump national laws, right?

1:17.8

So there was nothing surprising in that sense.

1:20.8

The First Amendment applies everywhere and Citizens United applies.

1:25.3

So the majority opinion I think was very much informed and very appreciative of precedent.

1:31.5

I think the important thing, the implication those in the dissent, and there was

...

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