In this short statement, Justice Ginsburg quoted from the least defensible part of the Citizens United opinion. As I explained in October, according to the Supreme Court, the only government interests that can justify limits on campaign money against First Amendment challenge are the prevention of corruption or the appearance of corruption.? (This interest is what explains the constitutionality of limits on contributions to candidates.) In Citizens United, Justice Kennedy, writing for the court majority, resolved as matter of fiat what had appeared to be a factual question about independent spending and corruption: ?We now conclude that independent expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption.? He further declared that ?[t]he appearance of influence or access [coming from unlimited corporate spending] will not cause the electorate to lose faith in our democracy.?
Source: http://feeds.slate.com/click.phdo?i=3354797f6d486ca98ca8cff88dee4275
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