311 Week 7 F / For WIZARD KIM

Why was Citizens United's video publication an issue?

The case was an issue in the sense that Section 441b prohibited corporate independent lection expenses. Besides, there was the issue of BCRA disclaimer, disclosure, and reporting was to be determined whether they were constitutional. According to the District Court Sections 201 and 203 were constitutional when applied to the Movie and recognized that the disclosure of donors might have been unconstitutional if it sabotaged freedom to associate with a particular course. The case sort to clarify whether section 203 violated the First Amendment when applied to the Movie, and whether the application of section 201 and 203 were constitutional when applied to the movie (Citizens United v. Federal Election Commission, 2010).

Decision of the Supreme Court

The outrage regarding Citizen’s United had not much to do with the nature of Hillary, corporations, the Movie or even the judicial activism. The case presents an important dispute that regards the meaning of the First Amendment and clarifying that its role not restricted to campaigns elections. However, the First Amendment in the case represented the individual rights. In the case, the court upheld that the movie had performed an equivalent function of expressing advocacy since it informed the voters that Hillary Clinton as not fit for office; therefore, section was applied according to the constitution (Cornell Law School, 1992).

Do you agree that a business entity other than a sole proprietorship have the same First Amendment rights as individual humans? Why or why not? 

Yes. The First Amendment grants business entity similar rights to those of citizens. For instance, the citizens are given the same rights as human individuals (Severson, 2012). They are given a right for religious establishment. They are also given the right of freedom of speech. Besides, they are given the right to assemble peacefully. The same rights that are disposed to the humans are also disposed to the corporation. Besides, the corporations also have been given the right to petition the government to address their grievances.

Citizens United v. Federal Election Commission, 558 U.S. 310 (2010) (Supreme Court of the United States January 21, 2010).

Cornell Law School. (1992). First Amendment. Retrieved from Cornell Law School: https://www.law.cornell.edu/constitution/first_amendment

Severson, K. (2012, July 25). Chick-fil-A thrust back into the spotlight on gay rights. Retrieved from New Times: https://www.nytimes.com/2012/07/26/us/gay-rights-uproar-over-chick-fil-a-widens.html