Alito takes on critics of Citizens United

A Sept. 14, 2012 file photo of Supreme Court Associate Justice Samuel Alito, at Roger Williams University Law School in Bristol, R.I. / AP Photo/Stephan Savoia

WASHINGTON Supreme Court Justice Samuel Alito is defending the court's 2010 decision in the Citizens United case that helped fuel hundreds of millions of dollars of spending by independent groups in the just-concluded campaign season.

Alito told roughly 1,500 people at a Federalist Society dinner this week that the First Amendment protects political speech, whether from an individual or a corporation. His comments to the overwhelmingly conservative and Republican crowd were part of his broader analysis of arguments put forth by the Obama administration in recent years that Alito said would curtail individual freedoms in favor of stronger federal power.

He said opponents of the 5-4 decision have conducted an effective, but misleading, public relations campaign by stressing that the court extended free speech rights to corporations.

He even praised opponents' pithy cleverness, noting such bumper stickers as "Life Does Not Begin at Incorporation."

But Alito rattled off the names of the nation's leading newspapers and television networks, all owned by corporations and possessing acknowledged rights to print and say what they wish about politics and government.

"The question is whether speech that goes to the very heart of government should be limited to certain preferred corporations; namely, media corporations," he said. "Surely the idea that the First Amendment protects only certain privileged voices should be disturbing to anybody who believes in free speech."

It was not the first time Alito has taken on critics of the outcome in the Citizens United case. At President Barack Obama's State of the Union address soon after the court's ruling in January 2010, the president said the court "reversed a century of law that I believe will open the floodgates for special interests — including foreign corporations — to spend without limit in our elections."

Alito, sitting with five other justices, was seen to mouth, "Not true."

The justice in his speech Thursday also briefly dealt with high court cases involving religion, private property, surveillance, immigration and health care. In the latter case, of course, Alito was among four justices who dissented from the ruling that upheld Obama's health care overhaul.

But he noted that, even in the health care ruling, the court rejected administration arguments in favor of congressional power at the expense of the states and individuals.

Taken together, Alito said, the views put forth by the government begin to suggest a vision of society "in which the federal government towers over people." He noted that in several cases, not a single justice endorsed the administration's arguments.

He also humorously recounted his experience at Yale Law School in the early 1970s when he was a student of constitutional law professor Charles Reich, who by then was more interested in American counterculture than the law.

He quoted from Reich's bestselling "The Greening of America," in which the author painted a frightening picture of a disintegrating society and called the era a "moment of utmost sterility, darkest night, most extreme peril."

Here, Alito paused and, to the delight of a crowd dismayed by President Obama's re-election, added, "So our current situation is nothing new."

Conservative justices routinely speak at Federalist Society gatherings, including the yearly fall meeting in Washington.

Thursday's black-tie dinner at a Washington hotel cost $175 a plate, or for $550 a participant could attend the dinner and three days of speeches and panel discussions featuring a host of federal judges, conservative and liberal legal scholars and leading Supreme Court lawyers.

Some critics have said the justices are crossing an ethical line when they allow their names to be used by the group to help sell tickets to the event. Alliance for Justice, a not-for-profit group that advocates for liberal court nominees, said Alito showed "insensitivity to the need for a justice's ethical behavior to be above reproach" by doing just that.

Ethics guidelines for federal judges other than Supreme Court justices say judges should steer clear of fundraising efforts and not allow the prestige of their office to be used to drum up ticket sales.

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[chevyhotrod]

rayward73446 replies: Sadly media corporations are owned by republicans and not liberals. CBS favors conservative stories, even on FTN they always have more republicans than democrats as guests, your premise is therefor incorrect. CBS, and most networks are distinctly pro GOP.

___________________________

Time to get out of your Alice and Wonderland world, your rabbit hole is getting smaller and smaller to crawl out of.

The true definition of a kool-aid drinker.

[the_lighter]

But the media's business is speech, and they exercise their rights through speech (ie, words, not money), and there are (in theory) consequences if they get facts wrong. Alito's argument that corporate "free speech" rights must be the same as media "free speech" AND this right must include the right to unlimited monetary political contributions doesn't pass the smell test.

[chevyhotrod]

So media outlets like CBS, ABC, NBC & CNN do not sell advertizing to make money?

The anchors/reports/pumdits on these shows do it for free?

It is you that does not pass the smell test.

[nearl451]

Alito is wrong. Once the speech has been made there is no justification to turnmedia into torture machine, blasting away on view points that have been repeated ad nauseum and without escape for a constant month.

That in fact, is not free speech. Need to define it another way.

[chevyhotrod]

To define free speech is very simple, no need to redefine it.

[jstmyview]

Every time Alito sees da G O P and da Koch brothers walk in his Office with a Briefcase full of $$$$$ and an Evil Agenda against da Middle Class.....he gets a "Boehner".

You BetCha....Fer Sure.

[chevyhotrod]

Ignorance is bliss.

[TJphoto]

I'm sure he came there for FREE. Wouldn't want to create the impression that money could possibly buy a Supreme Court Decision. Thank God that our Congress is not for sale. Pass the Prozac please.

[Rafterman11]

"Citizen's United" will be the "Dred Scott" of the 21st century.

[chevyhotrod]

So only the liberal media get to define what free speech is and what isn't?

[85fr15]

So what's being said by many of you is that media, which as noted is owned mostly by large corporations,should be allowed to skew their so called journalism in any direction that they see fit? The media has a 24/7 stump to freely, meant in the monetary sense, slant their stories in any direction that they so choose.

It's okay for these mostly liberal media corporations to do this but any other corporation not within the media industry needs to keep their mouth shut......BS!

Alito is right.....If we can't get honest and straight forward reporting directly from the media who controls what we are allowed to hear, then "other than media" corporations should be allowed to funnel money towards campaigns so that their message can get out through different venues.

The media, for the most part, is the mouth piece for the liberals and does not allow good and decent reporting on what the conservative values. When they do a piece on conservatism they do their level best to not give a true perspective as to why we feel and think like we do and then the more liberal viewers and commentators pounce with all kinds of innuendo and accusation as to how radical we are. You know.....we are all about the money, we don't care about our neighbor, all we want to do is start more wars......

[rayward73446]

Sadly media corporations are owned by republicans and not liberals. CBS favors conservative stories, even on FTN they always have more republicans than democrats as guests, your premise is therefor incorrect. CBS, and most networks are distinctly pro GOP, with the possible exception being NBC, where the democrats seem to have a slight edge in the slant game. The GOP ran on s super defense promise and rattled their war mongering ways as often as possible. Even the failed John McCain gets top billing at CBS, who seem to be unaware that no one really cares what he has to say, unless you are a die hard right winger. McCain is just a sore loser, emphasis on loser.

[calif7]

Alito again demonstrates the corporate culture that he and the other four 'conservatives' bring to the court. The common voter may have held their ground this election cycle but corporate fascism will be relentless in the coming years. So sad for America.

[chevyhotrod]

When NBC/GE get in bed with the administration and controls the media and regulates other companies out of business, this is corporate fascism.

Alito is allowing for everyone to have an equal voice, not just NBC/GE.

[bobnjersey]

[Ethics guidelines for federal judges other than Supreme Court justices say judges should steer clear of fundraising efforts and not allow the prestige of their office to be used to drum up ticket sales.]
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isn't this really a better example of 'the greening of america'?

[webvisor]

It's not the free speech that is an issue here - it's the MONEY! Equating Corporations with People allows them to donate freely via PACs - We need an anti-PAC law and an overturn of the Citizens United decision. Judge Alito, retire please and allow someone who won't preach to his choir like the Federalists to take your place...