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    09.08.09 New York Times Op-Ed by Professor Gora on Free Speech and 'Hillary: the Movie'
    Joel Gora

    The Supreme Court will hear rearguments on a case about the documentary Hillary: The Movie, on Secretary of State Hillary Clinton. The case concerns Citizens United, the conservative nonprofit group who produced the film, who attempted to broadcast commercials for it during the 2008 presidential election but were (ironically) barred by the McCain-Feingold campaign finance law. The issue was brought to court with opponents arguing that the restriction violated the First Amendment.

    The New York Times featured a series of op-eds, including one from Professor Joel Gora, on the case that could potentially remake campaign finance legislation. In his piece, Professor Gora asked a fundamental question to the case: Can the government prevent a corporation from criticizing the people who run the government? His answer ultimately is no, and Mccain-Feingold should be overturned. He explains that the First Amendment does not specify that only people, as opposed to corporations (Citizens United, in this case) or other bodies, have the right to free speech. Professor Gora also points out that the other arguments supporting McCain-Feingold differentiate individuals from corporations, something none of the laws concerning campaign funding explicitly define.

    Read the full article.