William P. Danielczyk, Jr., et al. v. United States, Amicus Brief for Citizens United, et al. in the United States Supreme Court

Michael Harless Constitutional Law, Election Law, U. S. Supreme Court

Today our firm filed an amicus brief in the case of William P. Danielczyk, Jr. and Eugene R. Biagi v. United States in the United States Supreme Court in support of petitioner’s petition for writ of certiorari.

Our brief argues that the petition should be granted because the court below failed to apply the categorical First Amendment right of corporate entities to engage in political speech established by the U.S. Constitution and reaffirmed in Citizens United v. FEC. Further, the questions presented should be extended to include whether campaign finance restrictions on speech and press should ever be permitted based on overriding governmental interests. Finally, our brief argues that the various standards of review which enable the government to override the speech and press guarantees of the First Amendment, are illegitimate encroachments upon the sovereign power of the people to constitute and, when necessary reconstitute their government. Our brief urges the Supreme Court that “it is time to cut completely the Gordian Knot by which constitutional rights have been sacrificed based on atextual judicial balancing tests.”

Our amicus brief was filed on behalf of:
Citizens United (http://www.citizensunited.org/)
Free Speech Coalition, Inc. (http://www.freespeechcoalition.org/)
Free Speech Defense and Education Fund
U.S. Justice Foundation (https://usjf.net/)
Downsize DC Foundation (http://www.downsizedcfoundation.org/)
DownsizeDC.org (http://www.downsizedc.org/)
Gun Owners Foundation (http://www.gunowners.com/)
Gun Owners of America, Inc. (www.gunowners.org)
Conservative Legal Defense and Education Fund (http://www.cldef.org/)

Link to brief