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Supreme Court to Revisit ‘Hillary’ Documentary
NY Times ^ | August 30, 2009 | ADAM LIPTAK

Posted on 08/30/2009 10:23:14 AM PDT by neverdem

WASHINGTON — The Supreme Court will cut short its summer break in early September to hear a new argument in a momentous case that could transform the way political campaigns are conducted.

The case, which arises from a minor political documentary called “Hillary: The Movie,” seemed an oddity when it was first argued in March. Just six months later, it has turned into a juggernaut with the potential to shatter a century-long understanding about the government’s ability to bar corporations from spending money to support political candidates.

The case has also deepened a profound split among liberals, dividing those who view government regulation of political speech as an affront to the First Amendment from those who believe that unlimited corporate campaign spending is a threat to democracy.

At issue is whether the court should overrule a 1990 decision, Austin v. Michigan Chamber of Commerce, which upheld restrictions on corporate spending to support or oppose political candidates. Re-arguments in the Supreme Court are rare, and the justices’ decision to call for one here may have been prompted by lingering questions about just how far campaign finance laws, including McCain-Feingold, may go in regulating campaign spending by corporations.

The argument, scheduled for Sept. 9, comes at a crucial historical moment, as corporations today almost certainly have more to gain or fear from government action than at any time since the New Deal.

The court’s order calling for re-argument, issued in June, has generated more than 40 friend-of-the-court briefs. As a group, they depict an array of strange bedfellows and uneasy alliances as they debate whether corporations should be free to spend millions of dollars to support the candidates of their choice.

The American Civil Liberties Union and its usual allies are on opposite sides, with the civil rights group fighting shoulder to...

(Excerpt) Read more at nytimes.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Front Page News; Politics/Elections
KEYWORDS: banning; bcra; bcra2002; book; censorship; mccainfeingold; nationalrifleassn; obama; scotus

1 posted on 08/30/2009 10:23:14 AM PDT by neverdem
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To: neverdem

Hillary and Bill should be in jail. It’s that simple.


2 posted on 08/30/2009 10:25:27 AM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: freekitty

I would like to see McCain-Feingold completely overturned by the Supreme Court as being unconstitutional on the grounds of free speech provisions.


3 posted on 08/30/2009 10:33:44 AM PDT by Ev Reeman
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To: Ev Reeman
I would like to see McCain-Feingold completely overturned by the Supreme Court as being unconstitutional on the grounds of free speech provisions.

As long as Santa Clara County v. Southern Pacific Railroad went with it.

Corporations do not deserve equal protection to citizens. Their immortality, limited liability, and dispersed risk constitutes a tilted playing field.

4 posted on 08/30/2009 10:55:35 AM PDT by Carry_Okie (Islam offers three choices: surrender, fight, or die.)
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To: Ev Reeman
I would like to see McCain-Feingold completely overturned by the Supreme Court as being unconstitutional on the grounds of free speech provisions.

I'd like to see them do that and make a pre-emptive strike against the McCain-Kennedy Memorial Health Control Act of 2009 for being unconstitutional on the grounds of free-market provisions while they're at it.

(Sigh) A girl can dream, can't she?

5 posted on 08/30/2009 10:57:37 AM PDT by leilani
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To: neverdem
More from the article:

At the first Supreme Court argument in March, a government lawyer, answering a hypothetical question, said the government could also make it a crime to distribute books advocating the election or defeat of political candidates so long as they were paid for by corporations and not their political action committees.

That position seemed to astound several of the more conservative justices, and there were gasps in the courtroom.

“That’s pretty incredible,” said Justice Samuel A. Alito Jr.

The discussion of book banning may have helped prompt the request for re-argument. In addition, some of the broader issues implicated by the case were only glancingly discussed in the first round of briefs, and some justices may have felt reluctant to take a major step without fuller consideration.


6 posted on 08/30/2009 11:06:27 AM PDT by Behind Liberal Lines
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To: doug from upland

Ping


7 posted on 08/30/2009 11:12:26 AM PDT by neverdem (Xin loi minh oi)
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To: neverdem

The only reason McCain-Feingold is law is because Bush signed it. At the time he was certain the Supreme Court would strike it down. Guess what?


8 posted on 08/30/2009 11:13:47 AM PDT by immadashell
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To: immadashell

Sometimes Bush could be a real moron.


9 posted on 08/30/2009 11:18:32 AM PDT by Ev Reeman
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To: Ev Reeman

Sometimes Bush could be a real moron .

I agree ,,,,, and then I think back ,,,,, Kerry was ALWAYS a moron .


10 posted on 08/30/2009 11:22:59 AM PDT by lionheart 247365 (-:{ GLEN BECK is our Patrick Henry }:-)
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To: lionheart 247365

lol...


11 posted on 08/30/2009 11:25:25 AM PDT by Ev Reeman
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To: neverdem

Thanks for the heads up. I wish HILLARY! UNCENSORED would have gotten this kind of publicity. But at least well over 10 million people saw a 13-min clip on the internet. You’re welcome, witch.


12 posted on 08/30/2009 3:19:35 PM PDT by doug from upland (10 million views of .HILLARY! UNCENSORED - put some ice on it, witch)
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To: AdmSmith; Berosus; bigheadfred; Convert from ECUSA; dervish; Ernest_at_the_Beach; Fred Nerks; ...
...it has turned into a juggernaut with the potential to shatter a century-long understanding about the government’s ability to bar corporations from spending money to support political candidates.
Just in time for all the gov't-owned businesses to bankroll the Demwits in 2010 and Obama's reelection in 2012. Thanks neverdem.
13 posted on 08/31/2009 3:42:04 AM PDT by SunkenCiv (https://secure.freerepublic.com/donate/__Since Jan 3, 2004__Profile updated Monday, January 12, 2009)
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