Congress Shall Make No Law...
July
12
6:24 PM
Motion filed in Minnesota Corporate Speech Case

The plaintiffs in Minnesota Citizens Concerned for Life, et al. v. Swanson, et al., 10-cv-2938, which we discussed here last week, have filed a motion for a preliminary injunction.  The motion is scheduled to be heard before the district court on August 20, 2010, although the plaintiffs have asked for expedited consideration.

 

The motion argues, among other things, that after Citizens United “The only constitutionally cognizable interest in limiting contributions is the interest in preventing quid-pro-quo corruption.”  This interest, under the seminal case Buckley v. Valeo (1976), is only implicated with “large” contributions, so contributions with a per-donor cap, such as the $2,300 cap in the last federal election cycle, satisfy that interest, even when a corporation is giving the money to a party or candidate.  Thus, according to the motion, corporations should be able to give money directly to parties and candidates, something currently illegal under Minnesota, and federal, law.

 

We’ll keep a close eye on this case for our readers.