MR. OLSON: What the Court has said in the First Amendment context, New York Times v. Sullivan, Rose Jean v. Associated Press, and over and over again, is that corporations are persons entitled to protection under the First Amendment. JUSTICE GINSBURG: Would that include - MR. OLSON: Now, Justice - JUSTICE GINSBURG: Would that include today's mega-corporations, where many of the investors may be foreign individuals or entities?
JUSTICE GINSBURG: Would that include -
MR. OLSON: Now, Justice -
JUSTICE GINSBURG: Would that include today's mega-corporations, where many of the investors may be foreign individuals or entities?
Justice Ginsburg created a poison pill by putting on notice any Supreme Court majority that overturns the lower court decision: your actions will allow foreign funding for U.S. campaigns. Any foreign entity could simply exercise an existing or newly acquired ownership position in a U.S. corporation to demand services from that corporation's latest wholly owned candidate.