“Chicken Little, Inc.” and reaction to Citizens United

In this post, the Wyoming Legal Foundation’s Ben Barr (also affiliated with the Center for Competitive Politics) describes a “professional campaign of fear and loathing” in response to Citizens United.

Mr. Barr’s brief (on behalf of the Wyoming Legal Foundation and the Goldwater Institute) was cited in Citizens United in support of the Court’s conclusion that it must address the facial validity of 441b, the ban on corporate expenditures ultimately struck.  In this part of the opinion, the Court concludes that “onerous restrictions thus function as the equivalent of prior restraint by giving the FEC power analogous to licensing laws implemented in 16th- and 17th-century England, laws and governmental practices of the sort that the First Amendment was drawn to prohibit.”

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