American Tradition Partnership (ATP) v. Bullock: Plaintiffs-appellees' opening brief

May 20, 2011

Appellees and Cross-Appellants' opening brief before the Supreme Court of Montana. The issues presented include whether or not § 13-35-227(1), MCA, which expressly prohibits corporations (but not individuals, unincorporated associations, partnerships, or the media) from making independent expenditures to support or oppose political candidates or political parties, bans speech protected by the First Amendment; whether the State has a compelling interest in banning corporate political speech, and, if so, is the statute narrowly tailored to meet that interest; if the statute is unconstitutional, may the State be enjoined from enforcing the ban against corporate political speech; and if the statute is unconstitutional, did the District Court abuse its discretion by not awarding the Appellees their attorney fees under either the Uniform Declaratory Judgment Act or the public attorney general doctrine.

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