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Justice John Paul Stevens (US Supreme Court Ret.)

“But Justice Alito’s reaction does persuade me that in due course it will be necessary for the Court to issue an opinion explicitly crafting an exception that will create a crack in the foundation of the Citizens United majority opinion. For his statement that it is “not true” that foreign entities will be among the beneficiaries of Citizens united offers good reason to predict there will not be five votes for such a result when a case arises that requires the Court to address the issue in a full opinion. And, if so, the Court must then explain its abandonment of, or at least qualify its reliance upon, the proposition that the identity of the speaker is an impermissible basis for regulating campaign speech. It will be necessary to’ explain why the First Amendment provides greater protection to the campaign speech of some non-voters than to that of other non-voters.”

Click to access johnpaulstevensspeech.pdf

 

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