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Thursday, February 4, 2010

Justice Clarence Thomas Hits NYT and WAPO in Defending Recent Free Speech Decision - Audio 2/3/10


Here is audio of Supreme Court Justice Clarence Thomas defending the Court's recent decision to return free speech rights to American Corporations in political campaigns. Thomas made the remarks as he was holding a Question and Answer session at the Stetson University School of Law.

Thomas hit back by saying it is "ironic" that the New York Times and the Washington Post have criticized the decision, yet they are "corporations" but are free to say anything they want to say as media entities.

“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. If you all then formed a partnership to speak, you’d say we still have that First Amendment right to speak and of association."

Interestingly, Thomas was asked a question by Sen. John McCain's cousin, who said he knew his cousin (Sen. McCain) would want to ask the question if he could. He proceeded to ask a question about McCain/Feingold. Thomas responded by saying he always felt McCain/Feingold was unconstitutional, and that he had seen Sen. McCain several times over the years and McCain had never asked him about it!

The New York Times reports the following on the remarks made by Thomas:
Justice Thomas responded to several questions from students at Stetson University College of Law in Gulfport, Fla., concerning the campaign finance case, Citizens United v. Federal Election Commission. By a 5-to-4 vote, with Justice Thomas in the majority, the court ruled last month that corporations had a First Amendment right to spend money to support or oppose political candidates.


“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.”


The part of the McCain-Feingold law struck down in Citizens United contained an exemption for news reports, commentaries and editorials. But Justice Thomas said that reflected a legislative choice rather than a constitutional principle.


He added that the history of Congressional regulation of corporate involvement in politics had a dark side, pointing to the Tillman Act, which banned corporate contributions to federal candidates in 1907.


“Go back and read why Tillman introduced that legislation,” Justice Thomas said, referring to Senator Benjamin Tillman. “Tillman was from South Carolina, and as I hear the story he was concerned that the corporations, Republican corporations, were favorable toward blacks and he felt that there was a need to regulate them.”


It is thus a mistake, the justice said, to applaud the regulation of corporate speech as “some sort of beatific action.”


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.


Asked about his attitude toward the two decisions overruled in Citizens United, he said, “If it’s wrong, the ultimate precedent is the Constitution.” . . MORE

2 comments:

namron019 February 4, 2010 at 8:41 AM  
This comment has been removed by the author.
namron019 February 4, 2010 at 8:43 AM  

Never better Sir! This is why have always admired Justice Thomas and he is my favorite justice on the bench. For those who don't get the Constitution Rules period. Thank you again Justice Thomas.

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