Marcus on Citizens United

The Post’s Ruth Marcus discusses Citizens United here.

The smart, not to mention judicially restrained, approach would be for the court to take one of several available escape hatches, much as it did in avoiding a final verdict on the constitutionality of the Voting Rights Act. It could say that because Citizens United took such a small amount of corporate money, it should not be subjected to the same rules as a regular for-profit corporation. (This is already true for ideological nonprofit groups that don’t take corporate funds.) It could say an on-demand video is not the same as a commercial.

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