On Mon, Feb 22, 2016 at 11:20 AM, Shemano, David B. wrote: > No. That comment is far beneath you. Take the time to read the Citizen > United opinions. The New York Times is a corporation. Harvard University > is a corporation. If corporations do not have 1st Amendment rights, the > government could censor those entities, notwithstanding the language of the > 1st Amendment is not qualified. Scalia’s concurrence addresses, and is in > great part predicated upon, this issue, including an examination of the > historical evidence of the common understanding of corporate speech in the > 18th Century. >
Sorry for the snark. But I don't find this type of all-or-nothing reasoning terribly convincing. If you take this seriously, then bribery of public officials is a constitutionally protected right under the First Amendment! If you criminalize bribery, then no citizen will ever be able to make a petition to any public official! I continue to agree with the article cited at the head of this thread that Scalia's overall record is most consistent with the "cynical liar" hypothesis than the "sincere commitment to originalism" one. -raghu. *From:* [email protected] [mailto: > [email protected]] *On Behalf Of *raghu > *Sent:* Monday, February 22, 2016 8:06 AM > *To:* Progressive Economics > *Subject:* Re: [Pen-l] "Scalia was an intellectual phony" > > > > On Sun, Feb 21, 2016 at 4:00 PM, Shemano, David B. wrote: > > 2. Citizens United. According to the logic that corporations do > not have constitutional right, the government could prohibit the New York > Times from publishing articles criticizing public officials. There is > nothing in the text of the Constitution, including the 1st Amendment, that > would support that view, and no contemporary jurist, even the most liberal, > will go there. > > > > If we don't accept money is speech, newspapers would cease to exist! > > What a brilliant piece of legal reasoning! > > -raghu. > > >
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