“While I accept, and agree with, the principle that the government does not have the power ‘to command where a person may get his or her information or what distrusted source he or she may not hear,’ Citizens United, 130 S. Ct. at 908, I still have concerns about the ability of corporations, associations, and those with extreme wealth to drown out other voices. Western Tradition, ¶ 127 (Nelson, J., dissenting). In my view, the protections of the First Amendment, as with other constitutional provisions, ought to be balanced. Western Tradition, ¶ 130 (Nelson, J., dissenting). In this respect, while all speakers—corporations, associations, and individuals alike—have the right to contribute to the ‘open marketplace’ of ideas, Citizens United, 130 S. Ct. at 899, no one contributor should be able to monopolize the marketplace to the exclusion of other potential contributors. There can be no open exchange of ideas and debate if some of the parties to the conversation cannot afford to get a word in edgewise.”
–Montana Supreme Court Justice James C. Nelson, dissenting from order denying attorney’s fees in American Tradition Partnership case on remand from the Supreme Court.