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Feb 16, 2025 11 min

Citizen's United: Justice Scalia’s Concurring Opinion

from Study Hall HQ Hosted by C. Lege

Justice Scalia's concurring opinion in the Citizens United v. Federal Election Commission case argues that the First Amendment's protection of free speech applies to corporations. He contends that the original understanding of the First Amendment did not exclude corporate speech and that the Founders' negative views about corporations are irrelevant to the interpretation of the Constitution's text. He refutes claims that the Founders envisioned free speech solely for individual Americans, pointing out that individuals have the right to speak through associations, including corporations. He emphasizes that the First Amendment's text makes no distinction between speakers and that prohibiting corporate political speech would be a violation of the Constitution.

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Citizen's United: Justice Scalia’s Concurring Opinion

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This episode was published on February 16, 2025.

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