Teiritzamna: While i like the way the argument is crafted, as a later drafted amendment, the First Amendment trumps the Commerce Clause.
Teiritzamna: At which point the shareholders can either A) bring a derivative action alleging that the company is improperly using their money
abb3w: Well, in practice, not quite "trumps"; but Central Hudson Gas & Electric v Public Service Commission of NY seems to make it clear that state legislatures (much less the federal Congress) can't ban commercial speech outright. So, it would clearly need more work.
abb3w: How about an argument that accurate information in politics is a substantial governmental and public interest; and that since it would be so dangerous for the government to determine the threshold of "misleading" in political speech, the narrowest possible regulation to advance the interest while avoiding the hazard would be the categorical ban of political speech/contributions by commercial entities?
abb3w: However, that brings up another couple points. Might a private group effect the same ends by buying one share in every publicly traded company that does this, waiting one election cycle, and then filing a mass of such lawsuits?
abb3w: And might a narrow federal ban be implemented on speech where the corporation specifically purports to represent the interest of its employees?
Teiritzamna: Once again, i like its cleverness, but it is a fairly disingenuous argument, as there are already a series of federal agencies entirely predicated on determining whether advertisements are false or misleading and a long history of federal law distinguishing misleading, false and fraudulent speech from mere opinion or fact. So to argue that all of that could not handle political advertising seems like it would be too cute to work.
SauronWasFramed: and on the third hand, once a convention is convened. there is no way to stop the delegates from dumping the whole thing
Serious Black: SauronWasFramed: and on the third hand, once a convention is convened. there is no way to stop the delegates from dumping the whole thingSo? That's what our ancestors did with the Articles of Confederation. They were solely tasked to come up with amendments to that document, and they said "Fark this shiat" before writing an entirely new document.
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