Cite as: 558 U. S. ____ (2010)
1
SCALIA, J., concurring
SUPREME COURT OF THE UNITED STATES
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No. 08–205
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CITIZENS UNITED, APPELLANT v. FEDERAL
ELECTION COMMISSION
ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR
THE DISTRICT OF COLUMBIA
[January 21, 2010]
JUSTICE SCALIA, with whom JUSTICE ALITO joins, and
with whom JUSTICE THOMAS joins in part, concurring.
I join the opinion of the Court.1
I write separately to address JUSTICE STEVENS’ discus
sion of “Original Understandings,” post, at 34 (opinion
concurring in part and dissenting in part) (hereinafter
referred to as the dissent). This section of the dissent
purports to show that today’s decision is not supported by
the original understanding of the First Amendment. The
dissent attempts this demonstration, however, in splendid
isolation from the text of the First Amendment. It never
shows why “the freedom of speech” that was the right of
Englishmen did not include the freedom to speak in asso
ciation with other individuals, including association in the
corporate form. To be sure, in 1791 (as now) corporations
could pursue only the objectives set forth in their charters;
but the dissent provides no evidence that their speech in
the pursuit of those objectives could be censored.
Instead of taking this straightforward approach to
determining the Amendment’s meaning, the dissent em
barks on a detailed exploration of the Framers’ views
about the “role of corporations in society.” Post, at 35.
The Framers didn’t like corporations, the dissent con
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1 JUSTICE
THOMAS does not join Part IV of the Court’s opinion.