Staff presses proponents on First Amendment and Citizens United implications
Legislative counsel asked whether the proposed amendment conflicts with the First Amendment given Citizens United; proponents said the amendment addresses which powers the state confers, not direct speech restrictions, and argued no court requires including political spending power among state-conferred privileges.
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Nicole Myers of the Office of Legislative Legal Services asked the proponents whether prohibiting artificial persons from exercising political spending power might conflict with the First Amendment and controlling federal case law, citing Citizens United v. FEC. Myers asked, "Have the proponents considered whether prohibiting artificial persons from exercising political spending power conflicts with the 1st amendment to United States Constitution and controlling federal case law?"
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