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Legal Commentary

: Althouse

Justice Thomas presents the notion of First Amendment freedom for corporations in a sympathetic light.

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"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. But what if you put yourself in a corporate form?"

Why wasn't here there at the State of the Union address, mouthing "not true" along with Justice Alito?

I don?t go because it has become so partisan and it?s very uncomfortable for a judge to sit there. There?s a lot that you don?t hear on TV ? the catcalls, the whooping and hollering and under-the-breath comments.
One of the consequences [presumably of Alito's display] is now the court becomes part of the conversation, if you want to call it that, in the speeches. It?s just an example of why I don?t go.

Full post as published by Althouse on February 04, 2010 (boomark / email).

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