1 00:00:00,800 --> 00:00:02,936 - I represented Mitch McConnell. 2 00:00:02,936 --> 00:00:06,840 Not my favorite public servant. 3 00:00:06,840 --> 00:00:11,911 - So let me turn first to Floyd Abrams. 4 00:00:14,280 --> 00:00:16,783 - [Floyd] But I agreed with his views on this. 5 00:00:19,619 --> 00:00:21,321 - Thank you, Senator. 6 00:00:21,321 --> 00:00:25,959 I'm delighted to be here in rather unaccustomed company. 7 00:00:25,959 --> 00:00:27,594 (politician chuckles) 8 00:00:27,594 --> 00:00:29,896 It's the oldest of cliches 9 00:00:29,896 --> 00:00:33,900 that politics makes strange bedfellows. 10 00:00:33,900 --> 00:00:36,503 It is not at all strange that people 11 00:00:36,503 --> 00:00:40,640 who disagree politically can come together 12 00:00:40,640 --> 00:00:43,109 in defending the First Amendment. 13 00:00:43,109 --> 00:00:45,612 - Right away, we're in the area 14 00:00:45,612 --> 00:00:49,916 where there is the absolute most First Amendment protection. 15 00:00:49,916 --> 00:00:54,154 Nothing's more important than speech about who to vote for, 16 00:00:55,622 --> 00:00:58,591 and maybe nothing, nothing, nothing is more important 17 00:00:58,591 --> 00:01:00,827 than who to vote for for President. 18 00:01:00,827 --> 00:01:02,695 That was an easy case. 19 00:01:02,695 --> 00:01:04,764 That must be one 20 00:01:04,764 --> 00:01:09,369 in which the First Amendment carries the day. 21 00:01:09,369 --> 00:01:11,905 - I actually was at the Citizens United Argument. 22 00:01:13,173 --> 00:01:14,441 I was a young lawyer 23 00:01:14,441 --> 00:01:16,943 in the Obama White House Counsel's Office, 24 00:01:16,943 --> 00:01:19,379 and the White House would often send lawyers to the court 25 00:01:19,379 --> 00:01:21,381 for kind of big, significant arguments. 26 00:01:22,849 --> 00:01:26,252 Citizens United was initially a pretty narrow case. 27 00:01:26,252 --> 00:01:28,822 It's actually not really about a ban on anything, 28 00:01:28,822 --> 00:01:30,356 but about just like a limitation 29 00:01:30,356 --> 00:01:33,393 on when you could spend money and how you could spend money. 30 00:01:33,393 --> 00:01:35,361 But then the court, when everyone was expecting 31 00:01:35,361 --> 00:01:38,064 the case to be decided in June of 2009, 32 00:01:38,064 --> 00:01:41,668 the court conspicuously set the case for re-argument 33 00:01:41,668 --> 00:01:44,404 and reframing in much, much broader terms. 34 00:01:46,306 --> 00:01:47,874 - [Chief Justice] Mr. Abrams. 35 00:01:47,874 --> 00:01:51,044 - [Floyd] Mr. Chief Justice, and may it please the court. 36 00:01:51,044 --> 00:01:52,245 The first case- 37 00:01:52,245 --> 00:01:54,047 - He didn't go small. He went big. 38 00:01:54,047 --> 00:01:56,549 He said, "This is an opportunity. 39 00:01:56,549 --> 00:01:59,285 You could decide this case on narrow grounds." 40 00:01:59,285 --> 00:02:00,386 There's good arguments to be made 41 00:02:00,386 --> 00:02:01,521 that the court should have decided 42 00:02:01,521 --> 00:02:04,724 on the narrow grounds, but justices, 43 00:02:04,724 --> 00:02:08,261 you should please make a big, bold statement saying 44 00:02:08,261 --> 00:02:11,030 that "the First Amendment protects independent spending 45 00:02:11,030 --> 00:02:13,433 by corporations in candidate elections." 46 00:02:14,901 --> 00:02:17,403 (epic music)