Since the early twentieth century, the Tillman Act has barred corporations from contributing directly to candidates for federal office. In Citizens United v. FEC, the U.S. Supreme Court overturned a related ban that prevented corporations from making independent expenditures in candidate elections. The legal foundation of the independent expenditure ban was similar to that which still supports the corporate direct contributions ban, thus calling into question the continuing validity of the direct contributions ban. This Note argues that if the Court follows the logical path that it laid down in Citizens United, it should overturn the corporate direct contributions ban.
Jason was an excellent research assistant of mine. I did not advise him on this note, however, as the very issue of this note was pending in the Thalheimer litigation from San Diego at the time he worked on it. (I am one of the attorneys for the City of San Diego in that litigation.) I very much look forward to reading it, and congratulate him on the publication.