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
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