Connecticut Commentary: Red Notes from a Blue State

In the quibble over whether corporations are persons – they are not – and whether as political or business entities they should not be entitled to full First Amendment rights, it has been forgotten how the Citizen’s United case arose. In its decision, a lower court, averting to the McCain/Feingold and other restrictions, banned the publication of a DOCUMENTARY on Hillary Clinton that was to air prior to an election. The documentary, no less partisan than any created by Michael Moore, winner of the prestigious Palm D’Or award, was – no one will deny – political speech protected by the First Amendment. In striking down the restrictive laws that banned the publication of the documentary, the Supreme Court reaffirmed the First Amendment’s protection of political speech. At a very basic level, the decision is a win for free speech rights. And those who have told us countless times that the First Amendment allows political speech that is offensive to some cannot plausibly argue that the ...