General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsMAJOR victory in federal court-Citizens United can no longer shroud its biggest donors in secrecy
We just won a major victory in federal court, making clear that Citizens United can no longer shroud its biggest donors in secrecy.
Link to tweet
Leghorn21
(13,527 posts)SWBTATTReg
(22,226 posts)WhiteTara
(29,739 posts)Go AG Schneiderman!!!
C_U_L8R
(45,047 posts)How many unsavory sources have donated to Trump?
Hekate
(91,055 posts)That's already out, but needs more press.
uponit7771
(90,378 posts)underpants
(183,057 posts)Leghorn21
(13,527 posts)Deb
(3,742 posts)Welcome to NY
brooklynite
(95,060 posts)Jim Lane
(11,175 posts)If I were briefing the other side, I'd rely on the SCOTUS decision in NAACP v. Alabama, 357 US 449 (1958). (Full text here, Wikipedia article about the case here)
The State of Alabama wanted to force the NAACP to turn over a complete list of its Alabama members. A unanimous Supreme Court held that the Alabama requirement violated the First Amendment. An excerpt:
We think that the production order, in the respects here drawn in question, must be regarded as entailing the likelihood of a substantial restraint upon the exercise by petitioner's members of their right to freedom of association. Petitioner has made an uncontroverted showing that on past occasions revelation of the identity of its rank-and-file members has exposed these members to economic reprisal, loss of employment, threat of physical coercion, and other manifestations of public hostility. Under these circumstances, we think it apparent that compelled disclosure of petitioner's Alabama membership is likely to affect adversely the ability of petitioner and its members to pursue their collective effort to foster beliefs which they admittedly have the right to advocate, in that it may induce members to withdraw from the Association and dissuade others from joining it because of fear of exposure of their beliefs shown through their associations and of the consequences of this exposure. [emphasis added]
In the 1950s, Jim Crow was tottering but was by no means dead. Under the conditions then in existence, the Supreme Court was certainly correct to uphold "the immunity from state scrutiny of membership lists which the Association claims on behalf of its members" because the anonymity "is here so related to the right of the members to pursue their lawful private interests privately and to associate freely with others in so doing" as to merit the protection of the Constitution.
Most of us like the people who were working for civil rights in 1950s Alabama. We dislike the big corporations that are working against many of our political objectives today. Our cheers and boos, however, are not a basis for sound legal doctrine. Is there a principled basis for distinguishing the NAACP v. Alabama doctrine? The donors in the current case aren't going to be exposed to KKK lynching but they could well suffer adverse consequences. Drawing a distinction there would require me to get much more deeply into the precedents. (Sorry, but your free legal research time just ran out!)
Gothmog
(146,012 posts)NewJeffCT
(56,829 posts)where they have almost 5 guaranteed votes?
Eliot Rosewater
(31,153 posts)DesertRat
(27,995 posts)Hekate
(91,055 posts)Midnight Writer
(21,878 posts)That was what? Ten years ago?
world wide wally
(21,762 posts)Me.
(35,454 posts)He Should Be Attorney General though I don't know I want him removed from NY.
spanone
(135,952 posts)Great AG!
crazylikafox
(2,763 posts)I can't imagine they'll let this one stand without another appeal.
SCantiGOP
(13,879 posts)Dont want to be the downer, but what I know of the original SCOTUS decision Im not sure this will stand.
bluestarone
(17,143 posts)thank God!!!!!!!!!!!!!!!!!!!!
Chakaconcarne
(2,484 posts)world wide wally
(21,762 posts)Names would be nice.
Tatiana
(14,167 posts)Would love to see him as future A.G. of the United States.