Justice Thomas On Citizens United

by Pejman Yousefzadeh on February 4, 2010



“I found it fascinating that the people who were editorializing against it were The New York Times Company and The Washington Post Company,” Justice Thomas said. “These are corporations.”

[. . .]

Justice Thomas said the First Amendment’s protections applied regardless of how people chose to assemble to participate in the political process.

“If 10 of you got together and decided to speak, just as a group, you’d say you have First Amendment rights to speak and the First Amendment right of association,” he said. “If you all then formed a partnership to speak, you’d say we still have that First Amendment right to speak and of association.”

“But what if you put yourself in a corporate form?” Justice Thomas asked, suggesting that the answer must be the same.

The funny thing is that his critics think Justice Thomas is inarticulate. Weird; his discussion of Citizens United was certainly more articulate than the one put forth by President Obama and Congressional Democrats.

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