By Ilya Shapiro
This blogpost was co-authored by Cato legal associate Kathleen Hunker. Any prizefighter worth betting on knows that the worst thing you can do in a tough match is succumb to frustration. House Democrats should heed that wisdom. Frustrated by the Constitution’s interference in their efforts to muzzle certain kinds of political speech, Rep. Jim McGovern (D-MA), House Minority [...]
‘People’s Rights Amendment’ Would Knock Out People’s Rights is a post from Cato @ Liberty – Cato Institute Blog
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By Ilya Shapiro
Yesterday the Supreme Court heard argument in Kiobel v. Royal Dutch Petroleum, the case (which I’ve discussed before and in which Cato filed a brief) that asks whether, under the Alien Tort Statute, the “law of nations” can be applied against an entity that is not a natural person: a corporation. As the majority of the Court seemed [...]
Why Corporate Speech Rights But Not Corporate Liability for Violating the ‘Law of Nations’? is a post from Cato @ Liberty – Cato Institute Blog
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Should judges act based upon reasoned legal arguments, or based upon their personal feelings and media coverage? A controversial recent “statement” made by Justices Ginsburg and Breyer in a case that was the legal equivalent of a slam dunk raises serious questions about what really guides some judges. In the case, American Tradition Partnership v. Bullock, the Court was asked to address a Montana Supreme Court opinion upholding a Montana ban on independent expenditures by corporations. This should be an easy case—after all, the Court ruled in Citizens United v. … More
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By Caleb O. Brown
The Supreme Court decided Citizens United two years ago this week. The complaints about the ruling that have emerged since are often bizarre and misrepresent much of the landmark ruling’s import. Here’s what the case was about. Almost nowhere in the complaints about the Citizens United ruling will you hear that the case decided that [...]
Citizens United at Two is a post from Cato @ Liberty – Cato Institute Blog
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By Ilya Shapiro
Six months ago, I wrote about a law review article I had just co-authored with former Cato legal associate Caitlyn McCarthy regarding corporate rights post-Citizens United. Well, now it’s officially published, in The John Marshall Law Review. Here’s the abstract: Corporate participation in public discourse has long been a controversial issue, one that was reignited by the [...]
Published: So What If Corporations Aren’t People? is a post from Cato @ Liberty – Cato Institute Blog
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A constitutional amendment offered in the House of Representatives would strip American companies of all protections guaranteed by the Bill of Rights. While the amendment is aimed at curbing free speech rights afforded third party groups by the Supreme Court decision Citizens United v. FEC, it would, whether intended or not, open the door to a host of gross violations of Americans’ civil rights. The proposed amendment, offered by Rep. Theodore Deutch (D-FL) on Nov. 18, is wholly a product of the violent and subversive “Occupy” protest movement currently unwinding across the … More
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