President Donald Trump’s Manhattan Convictions are Unconstitutional

In 2010, in Citizens United v. Federal Election Commission, 558 U.S. 310, the Supreme Court held 5 to 4 that the freedom of speech clause of the First Amendment prohibits the government from restricting independent expenditures for political campaigns by closely allied corporations and groups like The Trump Organization. Under Citizens United, it was perfectly legal for The Trump Organization to pay Daniels $130,000 in hush money to conceal her alleged affair with Donald Trump.

The opinion in Citizens United was written by former Justice, and liberal icon, Anthony M. Kennedy, and it was joined by Chief Justice John Roberts, Justice Clarence Thomas, and Justice Samuel Alito all three of whom are still on the Supreme Court. Given the Court’s current membership, it is highly likely that the outcome in Citizens United would prevail again today by a vote of 6 to 3. If Buckley v. Valeo was argued to be an obstacle to Trump prevailing, the Supreme Court would today, in 2024, and should today, in 2024, overrule the campaign finance contribution limits of federal election law as violations of the freedom of speech. Groups contributing to election campaigns can pay for advertising to promote candidates, and they can also pay hush money to keep bad or false stories out of the news. The effect either way is to help the candidate. You can contribute money to generate good publicity.  And, you can contribute money to avoid bad publicity.  The First Amendment protects freedom of speech in both cases.

via reason.com

Steven Calabresi.

Steve makes a good point and one I hadn’t thought of before.