No. That comment is far beneath you. Take the time to read the Citizen United opinions. The New York Times is a corporation. Harvard University is a corporation. If corporations do not have 1st Amendment rights, the government could censor those entities, notwithstanding the language of the 1st Amendment is not qualified. Scalia’s concurrence addresses, and is in great part predicated upon, this issue, including an examination of the historical evidence of the common understanding of corporate speech in the 18th Century.
David Shemano From: [email protected] [mailto:[email protected]] On Behalf Of raghu Sent: Monday, February 22, 2016 8:06 AM To: Progressive Economics Subject: Re: [Pen-l] "Scalia was an intellectual phony" On Sun, Feb 21, 2016 at 4:00 PM, Shemano, David B. wrote: 2. Citizens United. According to the logic that corporations do not have constitutional right, the government could prohibit the New York Times from publishing articles criticizing public officials. There is nothing in the text of the Constitution, including the 1st Amendment, that would support that view, and no contemporary jurist, even the most liberal, will go there. If we don't accept money is speech, newspapers would cease to exist! What a brilliant piece of legal reasoning! -raghu. ____________________________________________________ Information contained in this e-mail transmission may be privileged, confidential and covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521. If you are not the intended recipient, do not read, distribute, or reproduce this transmission. If you have received this e-mail transmission in error, please notify us immediately of the error by return email and please delete the message from your system. Pursuant to requirements related to practice before the U. S. Internal Revenue Service, any tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for purposes of (i) avoiding penalties imposed under the U. S. Internal Revenue Code or (ii) promoting, marketing or recommending to another person any tax-related matter. Thank you in advance for your cooperation. Robins Kaplan LLP http://www.robinskaplan.com ____________________________________________________
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