[EL] MT Sup. Court on Corp. Expenditures

Justin Levitt levittj at lls.edu
Fri Dec 30 17:01:48 PST 2011


I think the opinion link below may be locked behind a firewall of some 
kind.  There's another link to the full opinion here 
<http://electionlawblog.org/wp-content/uploads/MT-expenditures-decision.pdf>.

Happy New Year!

Justin

-- 
Justin Levitt
Associate Professor of Law
Loyola Law School | Los Angeles
919 Albany St.
Los Angeles, CA  90015
213-736-7417
justin.levitt at lls.edu
ssrn.com/author=698321



On 12/30/2011 4:46 PM, James J. Sample wrote:
> Rick asked that I send this development to the list.
>
> Today, the Montana Supreme Court, relying in large part on the state's history of having been at one time, more or less, one very large company town under Anaconda Mining, upheld the state's ban on direct corporate general treasury expenditures for or against political candidates.  The decision, written by Chief Justice Mike McGrath, was 5-2 to uphold the law on grounds of compelling state interests.  The dissenters would have overturned the law on Citizens United grounds and predict that SCOTUS will do just that.  List member Anthony Johnstone, now of the University of Montana and previously the Montana state solicitor, was instrumental in defending the law.
>
> News article:  http://helenair.com/news/state-and-regional/supreme-court-upholds-state-ban-on-corporation-candidate-spending/article_ba9c41ea-332a-11e1-b7f1-001871e3ce6c.html
>
> Full opinion: http://applicationengine.mt.gov/getContent?vsId={1C0B7886-01C0-49E3-A71A-C06CA7E71040}&impersonate=true&objectStoreName=PROD%20OBJECT%20STORE&objectType=document
>
> Best,
> James
>
>
> James Sample  l  Associate Professor  l  Hofstra Law School
> 121 Hofstra University, Suite 29J l  516-463-7236  l  james.sample at hofstra.edu
>
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