Anthony M. Kennedy is a retired associate justice of the Supreme Court of the United States. Nominated by President Ronald Reagan, he served on the Court from 1988 to 2018.
DI has documented statements by Anthony M. Kennedy on Campaign Finance, Free Speech, and Housing Policy, among other topics. Read the quotations, original sources and related cases below.
Role at the time: Supreme Court associate justice, writing the majority opinion
Defended or excused
Statement summary
Kennedy's majority permits disclosure and disclaimer requirements but rejects suppressing corporate political speech.
“The Government may regulate corporate political speech through disclaimer and disclosure requirements, but it may not suppress that speech altogether.”
Role at the time: Supreme Court associate justice, writing a concurrence
Defended or excused
Statement summary
Kennedy joins the majority and writes that courts must strike down takings clearly intended to favor a particular private party with only incidental or pretextual public benefits.
“transfers intended to confer benefits on particular, favored private entities, and with only incidental or pretextual public benefits, are forbidden by the Public Use Clause.”
The reference point is New London's private economic-redevelopment taking. Kennedy defends the New London result while explaining that courts must reject takings intended to favor a private party with only pretextual public benefits.
The Supreme Court protected corporate and union independent election spending in Citizens United. Defenders say the ruling protects political speech and association. Critics say it gives wealthy interests excessive influence and undermines democratic accountability.
The Supreme Court upheld New London's use of eminent domain for an economic-redevelopment plan. The majority treated the plan as a public purpose; dissenters warned that the rule exposed ordinary owners to transfers favoring more powerful private interests.
