policy. the dean remains opposed. senator sessions, larry summers and i always worked cooperatively on this policy. i didn t ever do ig that he didn t know about and he never did thag i didn t approve of. with respect to the decision that you re talking about, this was a joint decision that larry and i made that because dod thought that what we were doing was inappropriate, we should, in fact, reverse what we had done. that period lasted for a period of a few months in my six-year deanship, and long before the supreme court issued its ruling in the fair versus rumsfeld case, we were doing exactly what dod asked us to do. so it s your testimony that the decision you made immediately after the third circuit opinion, you concluded was inappropriate, you and president summers and you
of speech also applied to small s chapter corporations that might only have one shareholder. there are more 4.5 million s chapter corporations in america. we have 56,000 in my home state of utah alone. these are small companies who want the legal protections that incorporating provides. these are family farmers. these are ranchers, mom and pop stores and other small businesses. before the citizens united decision, these small family businesses could be barred from using their regular budget for, say, a radio program or a family flet pope posing their congressman for a vote on a bill if it was that close to an election. do you believe the constitution gives the federal government this much power? senator hatch, congress determined that corporations and trade unions generally had this kind of corrupt impact i m talk being about the 4.5
supporters have been trying to say she dheecontinued the polic she didn t institute, but the truth is what happened while she was dean is the third circuit court in philadelphia, federal appeals court struck down the solomon amendment and as soon as they did it. she at harvard in the 1st circuit, not bound by the third circuit decision saying you no longer have to follow the solomon amendment she nantly reverted back to an old policy that essentially hurt the military that didn t allow them full access and sessions said you didn t have to follow the 3rd circuit decision and you were in the 1st decision and he say it is going to the supreme court and she said, yes, when they said you better let the military back on, if you want the money, she did it. let me ask you, we knew all along it would be a hot button topic we d hear discussed and we are waiting for orrin hatch, coming up, and what do you think
$300 million if dean kagan s policy was not reversed. isn t that a fact? senator sessions, we did what dod asked for because we have always tried to be in compliance with the sole loemen amendment, thought we were, and when dod long held that we were and dod came back to us and said, no, notwithstanding the third circuit decision, we maintain our insistence that you are out of compliance, we said, okay. in fact, you were punishing the military. the protest that you had, that you spoke to on campus was at the very time in the next building or one or two buildings nearby. the military were meeting there. some of the military veterans when they met with you the first time skpesed concern about an
the court rejected that because of what you started with. you said that political speech is a paramount first amendment value. that s no doubt the case, and the court applied a compelling interest standard and the court rejected the position, but the position that we took was to defend the statute which applied broadly. i have no problem with that because that was your job, but i m getting into some of the comments by some of our colleagues, the president and others about how wrong this case was. when i don t think it was wrong at all. you re 1996 law review article about private speech and public purpose emphasized the need to examine the motive behind speech restrikdss. since you have already written about this, i would like to know whether you personally agree with the supreme court and citizens united decision that quote speech restrictions you are listening to orrin