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Big Sky Defiance

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Dahlia Lithwick is good on the Montana Supreme Court’s rejection of Citizens United.    It probably wouldn’t save it from being overturned anyway, but the angle I would take in the same situation if I wanted to join the majority (I would probably have joined Nelson’s dissent) would be to pretend to take Kennedy’s logic seriously.   “OK, campaign expenditures by corporations entirely independent from campaigns get the same First Amendment protection as individuals.   Since ‘entirely independent’ has nothing to do with how any known PAC operates, the campaign finance restrictions in question are therefore upheld.”

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