Political Speech - part 1

LAW - Political Speech chapter

Teacher: She's still not feeling well..

Coming tuesday:
CASE TO BRIEF: "Citizens United"


Expanding Corporate Rights to Speak

1978 - First National Bank of Boston v. Bellotti
Bank wanted to oppose state income tax. Bellotti (MASS Attorney general) said income tax not a direct impact on banking.
+ Supreme Court says citizens have a right to receive political speech by corporations.
+ Bank has right to express an opinion, public has right to hear it.
+ Cooperations cannot "plead the fifth"

1980 - Consolidated Edison Co. of NY, Inc. v. Public Service Commission of NY.
Laws restricting corporations must be content neutral. In other words, can't restrict just political speech.



Compelled Speech:

Pacific G and E v. Public Utilities Commission of CA -
1986 - Electrical company (Pacific Gas & Electric)
"they didn't even know what green meant..it was just a color"

Supreme Court 5-3 decision said that forcing a utility to carry unwanted consumer messages was unconstitutional.


Legal Restraints on Corporate Speech during elections

In Belotti the courts specifically said that corporations can speak about public issues - but that does NOT include participation in a political campaign.



1971 - Federal Election Campaign Act
Contributions - funds given to a candidate or campaign committee
Expenditures - funds spent independently of candidate on their behalf
Corporations are not permitted to make either contributions or expenditures for candidates running for FEDERAL office.

Profit Making Corporations:
Laws restricting speech must show
"compelling interest and narrowly tailored"

Prohibited Contributions and Expenditures:

gifts of money, advertising, securities, discounts, membership lists, use of facilities, broadcast time, and services to the candidates and their campaigns.

2006 - FEC (Federal Election Commission

-incidental use of business computers for voluntary internet political activities is ok. . .

2010 - Citizens United - FEC
cooperations can buy ads for political candidates.


PRESS EXEMPTION
To determine is press exemption applies:
- Is it a bonafide press entity. Is there editorial control.
- Is entity owned by political party, candidate, or political committee
-Is entity engaging in legitimate press function.



====

So on tuesday: Read the chapter