Justice Clarence Thomas on Tuesday forcefully defended the Supreme Court’s recent campaign finance decision, and in so doing addressed President Obama’s falsehoods about it during last week’s SOTU.
He spoke to a group of students at a law school in Florida and fielded several questions about the ruling and the controversy surrounding President Obama’s criticism of the decision, and Justice Alito’s reaction.
“I found it fascinating that the people who were editorializing against it were The New York Times Company and The Washington Post Company,” Justice Thomas said. “These are corporations.”
The part of the McCain-Feingold law struck down in Citizens United contained an exemption for news reports, commentaries and editorials. But Justice Thomas said that reflected a legislative choice rather than a constitutional principle.
He added that the history of Congressional regulation of corporate involvement in politics had a dark side, pointing to the Tillman Act, which banned corporate contributions to federal candidates in 1907.
“Go back and read why Tillman introduced that legislation,” Justice Thomas said, referring to Senator Benjamin Tillman. “Tillman was from South Carolina, and as I hear the story he was concerned that the corporations, Republican corporations, were favorable toward blacks and he felt that there was a need to regulate them.”
It is thus a mistake, the justice said, to applaud the regulation of corporate speech as “some sort of beatific action.”
Justice Thomas said the First Amendment’s protections applied regardless of how people chose to assemble to participate in the political process.
“If 10 of you got together and decided to speak, just as a group, you’d say you have First Amendment rights to speak and the First Amendment right of association,” he said. “If you all then formed a partnership to speak, you’d say we still have that First Amendment right to speak and of association.”
“But what if you put yourself in a corporate form?” Justice Thomas asked, suggesting that the answer must be the same.
Asked about his attitude toward the two decisions overruled in Citizens United, he said, “If it’s wrong, the ultimate precedent is the Constitution.”
Justice Thomas went on to say he no longer attends State Of The Union addresses, because they’ve become too partisan. He said there’s a lot you don’t hear on TV and it’s very difficult for a judge to sit there unable to respond and listen to catcalls, heckling, and under-the-breath comments.
Justice Thomas has more intellect and integrity in his finger than the vast majority of the a-holes on Capital Hill — the president included.
President Obama showed breathtaking ignorance of the Constitution when he criticized the campaign finance ruling during his SOTU. The fact that he taught constitutional law for 10 years makes it all the more troubling.
If anything it shows the sorry state of our law schools. The Constitution as it’s written is no longer taught. Instead, leftist professors indoctrinate students with left-wing legal theories and phony case law.
-Chris Jones
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