Updates on cases, laws, and other topics of interest to local governments

Subscribe by Email

Enter your Email:
Preview | Powered by FeedBlitz

Subscribe in a Reader

Follow Municipal Minute on Twitter


Blog comments do not reflect the views or opinions of the Author or Ancel Glink. Some of the content may be considered attorney advertising material under the applicable rules of certain states. Prior results do not guarantee a similar outcome. Please read our full disclaimer

Wednesday, June 27, 2012

Supreme Court Strikes Down Montana's Political Spending Law

On June 25, 2012, the U.S. Supreme Court struck down a Montana statute that placed limits on corporate political spending.  American Tradition Partnership v. Bullock.  The statute provided that a "corporation may not make . . . an expenditure in connection with a candidate or a political committee that supports or opposes a candidate or a political party." Mont. Code Ann. §13–35–227(1) (2011).  The Montana Supreme Court had previously rejected a First Amendment challenge to the statute. 

In reversing the state court decision, the U.S. Supreme Court cited its holding in Citizens United v. Federal Election Commission, striking down down a similar federal law on the basis that "political speech does not lose First Amendment protection simply because its source is a corporation."  Thus, the Supreme Court has effectively answered the question whether its holding in Citizens United applies to state law, by stating that "[t]here can be no serious doubt that it does."

Authored by Julie Tappendorf, Ancel Glink


Post a Comment