Legal Commentary

Would A Ban On Foreign "Speech" Pass Constitutional Muster?

By Big Tent Democrat

ABC reports:

Rep. Chris Van Hollen said Monday that Democrats are crafting legislation to prevent foreign owned corporations from funneling money into American political campaigns [. . .] "There's a big danger that the decision opens the door to foreign owned corporations indirectly spending millions of dollars to influence the outcome of U.S. elections through their American subsidiaries," Van Hollen, D.-Md., told ABC News. "The American people should be deeply concerned. This decision raises all sorts of questions."

Forget for a moment the difficulty of determining what corporation is "foreign-owned," would such a restriction be constitutional under Citizens United? Not given the "First Amendment protects speech, not the speaker" logic of Citizens United. Of course this contortion will not be difficult for the radical and reactionary Roberts Court, but it certainly would shoot a hole through the decision's logic, such as it is.

Speaking for me only

Full post as published by TalkLeft on January 26, 2010 (boomark / email).