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MAJOR victory in federal court-Citizens United can no longer shroud its biggest donors in secrecy (Original Post) kpete Feb 2018 OP
Thank you kpete and AG Schneiderman!! Leghorn21 Feb 2018 #1
Great news!!!! nt SWBTATTReg Feb 2018 #2
A victory against fascism! WhiteTara Feb 2018 #3
Let the unmasking begin ! C_U_L8R Feb 2018 #4
The NRA laundered $30 million of Russian rubles to aid Trump ($21M) and other GOP candidates Hekate Feb 2018 #14
+1, the MSM should be shouting this to the roof tops right now !! uponit7771 Feb 2018 #20
Excellent news underpants Feb 2018 #5
His tweet is overflowing with thank yous from a grateful citizenry: Leghorn21 Feb 2018 #6
This is how State leaders protect its citizens. Deb Feb 2018 #7
What was the legal argument in support of anonymity? brooklynite Feb 2018 #8
I haven't read the papers but I can offer a guess. Jim Lane Feb 2018 #29
The NY AG is doing a great job on fighting trump and groups like Citizens United Gothmog Feb 2018 #9
Can CU appeal to the more RW supreme court? NewJeffCT Feb 2018 #10
My thoughts Eliot Rosewater Feb 2018 #26
Awesome! k&r DesertRat Feb 2018 #11
Good. Follow the money. Hekate Feb 2018 #12
Didn't Mitch McConnell pledge that he would pass bill to make donors public record? Midnight Writer Feb 2018 #13
He and Trump are "looking into it" world wide wally Feb 2018 #25
K&R R B Garr Feb 2018 #15
Love This Guy Me. Feb 2018 #16
K&R... spanone Feb 2018 #17
Woot! zentrum Feb 2018 #18
I'm assuming this will next go to the Supreme Court? crazylikafox Feb 2018 #19
Afraid you are right SCantiGOP Feb 2018 #22
GREAT NEWS bluestarone Feb 2018 #21
Is this retroactive? Chakaconcarne Feb 2018 #23
My question is who are the people who opposed this? world wide wally Feb 2018 #24
Wow, Schneiderman is a beast! Tatiana Feb 2018 #27
R#72 & K, for hooRAY!1 UTUSN Feb 2018 #28
thank you for posting this. niyad Feb 2018 #30

Hekate

(90,690 posts)
14. The NRA laundered $30 million of Russian rubles to aid Trump ($21M) and other GOP candidates
Thu Feb 15, 2018, 06:15 PM
Feb 2018

That's already out, but needs more press.

 

Jim Lane

(11,175 posts)
29. I haven't read the papers but I can offer a guess.
Fri Feb 16, 2018, 03:34 AM
Feb 2018

If I were briefing the other side, I'd rely on the SCOTUS decision in NAACP v. Alabama, 357 US 449 (1958). (Full text here, Wikipedia article about the case here)

The State of Alabama wanted to force the NAACP to turn over a complete list of its Alabama members. A unanimous Supreme Court held that the Alabama requirement violated the First Amendment. An excerpt:

It is hardly a novel perception that compelled disclosure of affiliation with groups engaged in advocacy may constitute as effective a restraint on freedom of association as the forms of governmental action in the cases above were thought likely to produce upon the particular constitutional rights there involved. This Court has recognized the vital relationship between freedom to associate and privacy in one's associations. When referring to the varied forms of governmental action which might interfere with freedom of assembly, it said in American Communications Ass'n v. Douds, supra, 339 U.S. at page 402, 70 S.Ct. at page 686: 'A requirement that adherents of particular religious faiths or political parties wear identifying arm-bands, for example, is obviously of this nature.' Compelled disclosure of membership in an organization engaged in advocacy of particular beliefs is of the same order. Inviolability of privacy in group association may in many circumstances be indispensable to preservation of freedom of association, particularly where a group espouses dissident beliefs. Cf. United States v. Rumely, supra, 345 U.S. at pages 56 58, 73 S.Ct. at pages 550—551 (concurring opinion).

We think that the production order, in the respects here drawn in question, must be regarded as entailing the likelihood of a substantial restraint upon the exercise by petitioner's members of their right to freedom of association. Petitioner has made an uncontroverted showing that on past occasions revelation of the identity of its rank-and-file members has exposed these members to economic reprisal, loss of employment, threat of physical coercion, and other manifestations of public hostility. Under these circumstances, we think it apparent that compelled disclosure of petitioner's Alabama membership is likely to affect adversely the ability of petitioner and its members to pursue their collective effort to foster beliefs which they admittedly have the right to advocate, in that it may induce members to withdraw from the Association and dissuade others from joining it because of fear of exposure of their beliefs shown through their associations and of the consequences of this exposure. [emphasis added]


In the 1950s, Jim Crow was tottering but was by no means dead. Under the conditions then in existence, the Supreme Court was certainly correct to uphold "the immunity from state scrutiny of membership lists which the Association claims on behalf of its members" because the anonymity "is here so related to the right of the members to pursue their lawful private interests privately and to associate freely with others in so doing" as to merit the protection of the Constitution.

Most of us like the people who were working for civil rights in 1950s Alabama. We dislike the big corporations that are working against many of our political objectives today. Our cheers and boos, however, are not a basis for sound legal doctrine. Is there a principled basis for distinguishing the NAACP v. Alabama doctrine? The donors in the current case aren't going to be exposed to KKK lynching but they could well suffer adverse consequences. Drawing a distinction there would require me to get much more deeply into the precedents. (Sorry, but your free legal research time just ran out!)

Midnight Writer

(21,767 posts)
13. Didn't Mitch McConnell pledge that he would pass bill to make donors public record?
Thu Feb 15, 2018, 06:13 PM
Feb 2018

That was what? Ten years ago?

crazylikafox

(2,756 posts)
19. I'm assuming this will next go to the Supreme Court?
Thu Feb 15, 2018, 07:14 PM
Feb 2018

I can't imagine they'll let this one stand without another appeal.

SCantiGOP

(13,870 posts)
22. Afraid you are right
Thu Feb 15, 2018, 07:33 PM
Feb 2018

Don’t want to be the downer, but what I know of the original SCOTUS decision I’m not sure this will stand.

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