In this paper, constitutional historian Robert G. Natelson explains the Montana Supreme Court’s recent decision in Western Tradition Partnership v. Attorney General, in which it won national attention when it decided that the First Amendment does not fully protect the speech and association rights of people using the corporate form within Montana. The basis for this decision was an alleged special history of corrupt corporate activity in Montana campaigns.
Contrary to the Montana Supreme Court’s decision, Natelson’s paper explains that there is little reason to think Montana’s historical experience justifies giving it greater discretion to regulate corporations than that enjoyed by other state governments.
