Why Josh Hawley’s Citizens United bill could be constitutional

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Conn Carroll is the commentary editor for the Washington Examiner. He served as a communications director in the U.S. Senate for seven years before returning to journalism. He is a graduate of the Antonin Scalia Law School and lives in northern Virginia with his wife and three children. You can follow him @conncarroll.

Sen. Josh Hawley angered Minority Leader Mitch McConnell yesterday by introducing legislation that would ban publicly traded corporations from donating to political campaigns or making independent expenditures for or against a candidate.

But Congress can’t just overturn a Supreme Court decision based on a Constitutional protection like the First Amendment. That’s the whole reason we have a Supreme Court in the first place, to limit what Congress can do. interferes with the 'open marketplace' of ideas protected by the First Amendment,” the court wrote. “It permits the Government to ban the political speech of millions of associations of citizens.”

 

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Josh Hawley's 'Citizens United' stunt isn't what it seemsJordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,' a book about the secret war on synthetic drugs. Before he joined MSNBC, he was a legal reporter for Bloomberg Law.
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