Show Notes
Citizens United vs. Federal Election Commission is one of the most polarizing Supreme Court cases of all time. So what is it actually about, and why did the Justices decide the way they did? Justice Anthony Kennedy, often called the “most powerful man in America,” wrote the majority opinion in the case. In this episode, we examine Kennedy’s singular devotion to the First Amendment and look at how it may have influenced his decision in the case.
More from More Perfect
Reporter Ilya Marritz—a longtime fan of More Perfect—drops in to share a new series he’s made with The Boston Globe and WNYC’s On the Media. The Harvard Plan investigates how the Trump administration’s pressure campaign is reshaping American universities through memorable characters, thorny moral and ethical questions, and high stakes.
Justice David Souter has died. Souter was one of the most private, low-profile justices ever to have served on the Supreme Court. He rarely gave interviews or speeches. Yet his tenure was anything but low profile. Deemed a “home run” nominee by Republicans, Souter defied partisan expectations on the bench and ultimately ceded his seat to a Democratic president.
The law protects creators' original work against copycats, but it also leaves the door open for some kinds of copying. When a photographer sues the Andy Warhol Foundation for using her work without permission, the justices struggle not to play art critics as they decide the case. More Perfect explores how this star-studded case offers a look at how this Court actually makes decisions. Voices in the episode include: • David Hobbs — known as Mr. Mixx, co-founder of the hip-hop group 2 Live Crew • Jerry Saltz — senior art critic and columnist for New York magazine • Pierre Leval — judge on U.S. Court of Appeals for the Second Circuit • Jeannie Suk Gersen — More Perfect legal advisor, Harvard Law professor, New Yorker writer • Lynn Goldsmith — photographer • Andy Warhol — as himself Learn more: • 1994: Campbell v. Acuff-Rose Music, Inc. • 2023: Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith • "Toward A Fair Use Standard" by Pierre Leval • The Andy Warhol Foundation
In 1902, a Swedish-American pastor named Henning Jacobson refused to get the smallpox vaccine. This launched a chain of events leading to two landmark Supreme Court cases, in which the Court considered the balancing act between individual liberty over our bodies and the collective good. A version of this story originally ran on The Experiment on March 21, 2021. Voices in the episode include: • Rev. Robin Lutjohann — pastor of Faith Lutheran Church in Cambridge, Massachusetts • Michael Willrich — Brandeis University history professor • Wendy Parmet — Northeastern University School of Law professor Learn more: • 1905: Jacobson v. Massachusetts • 1927: Buck v. Bell • 2022: National Federation of Independent Business v. Department of Labor, Occupational Safety and Health Administration • 2022: Biden v. Missouri • "Pox: An American History" by Michael Willrich • "Constitutional Contagion: COVID, the Courts, and Public Health" by Wendy Parmet
Dred Scott v. Sandford is one of the most infamous cases in Supreme Court history: in 1857, an enslaved person named Dred Scott filed a suit for his freedom and lost. In his decision, Chief Justice Roger Brooke Taney wrote that Black men “had no rights which the white man was bound to respect.” One Civil War and more than a century later, the Taneys and the Scotts reunite at a Hilton in Missouri to figure out what reconciliation looks like in the 21st century. Voices in the episode include: • Lynne Jackson — great-great-granddaughter of Dred and Harriet Scott, and president and founder of the Dred Scott Heritage Foundation • Dred Scott Madison — great-great-grandson of Dred Scott • Barbara McGregory — great-great-granddaughter of Dred Scott • Charlie Taney — great-great-grandnephew of Roger Brooke Taney, Chief Justice of the Supreme Court who wrote the Dred Scott v. Sandford decision • Richard Josey — Manager of Programs at the Minnesota Historical Society Learn more: • 1857: Dred Scott v. Sandford • The Dred Scott Heritage Foundation