In what is being billed as the first direct challenge to the Supreme Court’s 2010 Citizens United v. FEC opinion, a coalition of groups has come together to help restore Montana’s century-old law against corporate politicking.
Last fall, a Montana judge invalidated the state’s 1912 Corrupt Practices Act, which bans corporations from spending on elections, citing the high court’s Citizens United ruling. Citizens United struck down decades of precedent upholding campaign finance regulations, finding that corporations have free speech rights to funnel corporate dollars into campaign coffers. As noted in this blog post, the Koch brothers, head of Koch industries and prime funders of Tea Party activities, are taking advantage of Citizens United to push their employees to vote for far-right candidates.
The Montana Attorney General has appealed the decision to the state’s highest court, and today Free Speech for People, a national campaign to overturn Citizens United, along with national and Montana business networks, lodged an amicus brief urging the restoration of the Montana campaign finance law.
The friend-of-the-court brief in Western Tradition Partnership, Inc. v. State of Montana blasts the Citizens Union opinion as “an extreme extension of an erroneous corporate rights doctrine that has eroded the First Amendment and the Constitution for the past 30 years.” The brief adds that Citizens United “is contrary not only to our republic principles of government, but also to American principles of free and fair commerce among free people and the States.”
Jeff Clements, co-founder and general counsel of Free Speech for People and author of the amicus brief, said in a press statement, “Corporations are not people. The Framers understood that. The First Amendment and the Constitution is for the people. We are proud to stand today with the State of Montana to vindicate the Framers’ intent and to defend our democracy.”
See the coalition’s amicus brief here.
Clements is also author of the ACS Issue Brief, “Beyond Citizens United v. FEC: Re-Examining Corporate Rights.” Clements also talked with ACSblog about Free Speech for People’s effort to advance a constitutional amendment to overturn Citizens United. Watch his interview here.