Legal analysis: President Barack Obama (HLS ’91) v. Mr. Nicholas Joy (HLS ’11 expected)

So, which Harvard Law product is a more careful student of Citizens United v. Federal Election Commission?

President Obama:

With all due deference to separation of powers, last week the Supreme Court reversed a century of law that I believe will open the floodgates for special interests –- including foreign corporations –- to spend without limit in our elections.   (1/28/10 State of the Union.)

Nicholas Joy:

[T]he notion that the Citizens United decision runs counter to a century of regulation of corporate electioneering is not, strictly speaking, accurate. The practice of prohibiting corporations from making political contributions does indeed date back at least to the Tillman Act of 1907 and is unaffected by this ruling. But the line of cases which allowed the regulation of independent expenditures by corporations is of much more recent vintage. (The Harvard Law Record.)

Comments are closed.