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by defen
2078 days ago
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The wikipedia summary (https://en.wikipedia.org/wiki/Citizens_United_v._FEC) is pretty good. The government can't prohibit anyone (people, corporations, unions, etc) from making political speech, so long as it's not directed by the candidate. So I can't donate a billion dollars to a candidate's campaign, but I can run a billion dollars of ads supporting him (or against his opponent), so long as I don't receive direction/instruction from the candidate. Or, in this case, make and advertise a movie. The question you have to ask yourself is whether the alternative would be worse. |
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You can read whatever you want into the implications of the rule articulated in the case. Folks on the other side can say that, if the decision had gone the other way, nothing would stop the government from regulating how the New York Times uses its corporate funds.
But it’s important to look at the actual case, legally because it is really the only thing that’s decided, but practically because it is an actual conduct the government decided to prosecute. The government didn’t think the law just covers billion dollar advocacy campaigns. It prosecuted a small non-profit entity for publishing a movie. It’s not a “parade of horribles” hypothetical consequence, it actually happened. The “alternative” would be allowing the government to prosecute this non-profit for publishing a political movie.