Montana Corporations Ask Court To Put Its Decision Upholding a Ban on Corporate Independent Expenditures On Hold While U.S. Supreme Court Decides Their Case

James Madison Center for Free Speech
1 South 6th Street
Terre Haute, IN 47807-3510
www.jamesmadisoncenter.org

PRESS RELEASE
Friday, January 13, 2012

Contact: James Bopp, Jr.
Phone 812-232-2434; Fax 812-235-3685; jboppjr@aol.com

Montana Corporations Ask Court To Put Its Decision Upholding a Ban on Corporate Independent Expenditures On Hold While U.S. Supreme Court Decides Their Case

Yesterday, the political advocacy group American Tradition Partnership, along with two other corporate plaintiffs, Champion Painting and the Montana Sports Shooting Association, have asked the Montana Supreme Court to not enforce its decision to uphold Montana’s law that bans corporations from independently spending money to support or oppose candidates for public office. The plaintiffs argue that the Court’s decision should be put on hold while the United States Supreme Court determines whether the Court’s decision is correct.

In December of 2011, the Montana Supreme Court found that Montana’s ban on corporate independent expenditures did not violate the First Amendment as an impermissible prohibition on speech. The Court reversed the trial court which had recognized that the U.S. Supreme Court’s 2010 decision in Citizens United v. Federal Election Commission, in which the Supreme Court struck down a similar federal corporate-speech ban, meant that Montana’s ban was unconstitutional. The Montana Supreme Court said that Citizens United did not control and that the state’s corporate-speech ban was justified by a number of alleged governmental interests, including an interest in preventing political corruption, which Citizens United had rejected.

The plaintiffs filed their lawsuit challenging Montana’s corporate-speech ban in March of
2010. They had hoped to use corporate funds to pay for advertisements and other educational campaigns in order to communicate important information to the voters about candidates and their positions on issues of importance to the plaintiffs. Moreover, plaintiffs wished to use corporate funds to communicate to voters which candidates they support and oppose during the run-up to the 2012 election. With Montana’s corporate independent speech ban in force, the plaintiffs are prohibited from engaging in their desired activities.

The Bopp Law Firm has been retained to seek review of the Montana Supreme Court’s
decision in the United States Supreme Court. The Firm’s owner, James Bopp, Jr., said the U.S. Supreme Court should review the decision and overturn it. “The Supreme Court was clear in its Citizen United decision that corporate political speech is protected by the First Amendment, and you cannot ban political speech just because the speaker is a corporation. Montana is not exempt from these principles.”

The case is Western Tradition Partnership et al., v. Attorney General et al., DA 11-0081. The
plaintiffs’ motion for stay is available here
http://www.jamesmadisoncenter.org/cases/files/2012/01/Motion-for-Stay-Pending-Cert-Resn.pdf

James Bopp, Jr. has a national federal and state election law practice.  He is General Counsel for the James Madison Center for Free Speech and former Co-Chairman of the Election Law Subcommittee of the Federalist Society.