In United States v Automobile Workers 352 U S 567 1957 the Court again

In united states v automobile workers 352 u s 567

This preview shows page 34 - 37 out of 183 pages.

In United States v. Automobile Workers , 352 U. S. 567 (1957), the Court again encountered the independent expenditure ban, which had been recodified at 18 U. S. C. §610 (1952 ed.). See 62 Stat. 723–724. After holding only that a union television broadcast that endorsed candidates was covered by the statute, the Court “[r]efus[ed] to an- ticipate constitutional questions” and remanded for the trial to proceed. 352 U. S., at 591. Three Justices dis-
Image of page 34
28 CITIZENS UNITED v. FEDERAL ELECTION COMM’N Opinion of the Court sented, arguing that the Court should have reached the constitutional question and that the ban on independent expenditures was unconstitutional: “Under our Constitution it is We The People who are sovereign. The people have the final say. The leg- islators are their spokesmen. The people determine through their votes the destiny of the nation. It is therefore important—vitally important—that all channels of communications be open to them during every election, that no point of view be restrained or barred, and that the people have access to the views of every group in the community.” Id. , at 593 (opinion of Douglas, J., joined by Warren, C. J., and Black, J.). The dissent concluded that deeming a particular group “too powerful” was not a “justificatio[n] for withholding First Amendment rights from any group—labor or corpo- rate.” Id. , at 597. The Court did not get another opportu- nity to consider the constitutional question in that case; for after a remand, a jury found the defendants not guilty. See Hayward, Revisiting the Fable of Reform, 45 Harv. J. Legis. 421, 463 (2008). Later, in Pipefitters v. United States , 407 U. S. 385, 400– 401 (1972) , the Court reversed a conviction for expendi- ture of union funds for political speech—again without reaching the constitutional question. The Court would not resolve that question for another four years. 2 In Buckley, 424 U. S. 1, the Court addressed various challenges to the Federal Election Campaign Act of 1971 (FECA) as amended in 1974. These amendments created 18 U. S. C. §608(e) (1970 ed., Supp. V), see 88 Stat. 1265, an independent expenditure ban separate from §610 that applied to individuals as well as corporations and labor unions, Buckley , 424 U. S., at 23, 39, and n. 45.
Image of page 35
29 Cite as: 558 U. S. ____ (2010) Opinion of the Court Before addressing the constitutionality of §608(e)’s independent expenditure ban, Buckley first upheld §608(b), FECA’s limits on direct contributions to candi- dates. The Buckley Court recognized a “sufficiently impor- tant” governmental interest in “the prevention of corrup- tion and the appearance of corruption.” Id., at 25; see id. , at 26. This followed from the Court’s concern that large contributions could be given “to secure a political quid pro quo .” Ibid. The Buckley Court explained that the potential for quid pro quo corruption distinguished direct contributions to candidates from independent expenditures. The Court emphasized that “the independent expenditure ceiling . . .
Image of page 36
Image of page 37

You've reached the end of your free preview.

Want to read all 183 pages?

  • Spring '13
  • HAK
  • The Bible, Supreme Court of the United States, First Amendment to the United States Constitution, U. S.

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Stuck? We have tutors online 24/7 who can help you get unstuck.
A+ icon
Ask Expert Tutors You can ask You can ask You can ask (will expire )
Answers in as fast as 15 minutes