Justice Stevens’ Comments on CU Focus on Anti-Distortion Rationale

Following up on this post, Lexis has now posted a transcript of the “60 Minutes” interview with Justice Stevens. Here is the relevant exchange that I flagged earlier:

    SCOTT PELLEY (voiceover): In Citizens United, the majority gave corporations the right to spend as much as they want on political campaigns; the majority said that limiting money in politics is the same as limiting free speech.
    Where does the court make a mistake in your view?
    JUSTICE JOHN PAUL STEVENS: Well, you know, which mistake do I want to emphasize?
    (Justice John Paul Stevens laughing)
    SCOTT PELLEY: You decide.
    JUSTICE JOHN PAUL STEVENS: Well, you know, basically an election is a debate. And most debates you have rules. And I think Congress is the one that ought to make those rules. And if the debate is distorted by having one side have so much greater resources than the other that sometimes may distort the ability to decide the debate on the merits. You– you want to be sure that– that it’s a fair fight.

The narrator, Scott Pelley, also made a statement about the case that might lead Justice Alito to respond “Not true:”: “The court majority overturned one hundred years of law that limited corporate money in politics.” Though the Tillman Act dates back to 1907, that Act banned corporate contributions. The spending limit did not kick in until the 1940s.

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