Litigation

Landmark Term for Free-Speech Decisions?

By Peter Hardin

Its Citizens United decision already is regarded as one of the Supreme Court?s most important this term. Is the campaign finance ruling also part of a potentially landmark term dealing with freedom of expression cases?

A New York Times editorial makes that argument, saying ?this could be one of the most important terms in years for defining the constitutional scope of freedom of expression ? for better or for worse.?

The editorial blasts Citizens United, saying it ?opened the floodgates for business and special-interest dollars to overwhelm American politics.? The editorial looks favorably, however, on a recent decision striking down a federal law banning sales of animal-cruelty videos, and says this ruling ?reaffirmed the right to engage in even highly unpopular speech.?

There are two more free-speech cases to be decided. One of them involves whether people may keep their identities secret if they signed a ballot initiative  to repeal a same-sex marriage measure (see Gavel Grab). The editorial urges “respectful treatment of the First Amendment.. not the recklessness of the ruling in the Citizens United case.”

To learn more about Citizens United, check out Gavel Grab or read Justice at Stake’s amicus brief in the case or news release about the decision.

Full post as published by The Gavel on April 26, 2010 (boomark / email).