The Perverse Holding of Danielczyk

In response to my query in this post, a few readers have said that the opinion means it is unconstitutional to limit the direct contributions of for-profit corporations to candidates, but it remains constitutional under the controlling authority of Beaumont to limit the direct contributions of ideological, non-profit corporations.

Of course, as my readers point out, if this is what it means, it is a perverse holding: those groups which should be entitled to the most First Amendment protections (even under Austin and before Citizens United, such groups could spend their treasury funds independently on candidate campaigns) get the least protection.

That’s another reason why the district court’s ruling should be appealed immediately.

 

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