American Tradition Partnership, Inc. v. Bullock
567 U.S. 516
SCOTUS2012Background
- Montana law forbids corporate expenditures in connection with candidates or political committees (Mont. Code Ann. § 13-35-227(1) (2011)).
- Montana Supreme Court rejected petitioners’ First Amendment challenge to the statute.
- Citizens United v. FEC held that corporate independent expenditures are protected political speech.
- Petition for certiorari was granted to address applicability of Citizens United to Montana law.
- The Supreme Court reversed the Montana Supreme Court’s judgment.
- Dissent notes potential flaw in Citizens United but is not controlling for the majority decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Citizens United applies to Montana’s statute. | petitioners rely on Citizens United to invalidate the Montana law | Montana argues distinctions from Citizens United save the statute | Yes; judgment reversed; Citizens United applies |
Key Cases Cited
- Citizens United v. Federal Election Comm’n, 558 U.S. 310 (2010) (corporate independent expenditures protected speech under First Amendment)
- Mont. v. Citizens United? (referenced Montana decision), 363 Mont. 220 (2011) (Montana Supreme Court rejection of petitioners' challenge prior to reversal)