In a striking reversal, the US Supreme Court ruled 5-4 Thursday that the government cannot restrict campaign contributions by corporations. There has been a century long held precedent that limits must be placed on corporate donations to support political candidates, reinforced by legislation including the McCain-Feingold campaign finance law and upheld both by Austin v. Michigan Chamber of Commerce in 1990 as well as McConnell v. Federal Election Commission in 2003. The decision marks an enormous loss for proponents of keeping big money out of politics and opens the door for a future of entirely corporate sponsored political candidates.
Justice John Paul Stevens presented a strong attack on the decision stating: "The Framers thus took it as a given that corporations could be comprehensively regulated in the service of the public welfare...they had little trouble distinguishing corporations from human beings, and when they constitutionalized the right to free speech in the First Amendment, it was the free speech of individual Americans that they had in mind. The Court's blinkered and aphoristic approach to the First Amendment may well promote corporate power at the cost of the individual and collective self-expression the Amendment was meant to serve. It will undoubtedly cripple the ability of ordinary citizens, Congress, and the States to adopt even limited measures to protect against corporate domination of the electoral process."
Truly, this decision is an offense to democracy and a bastardization of the First Amendment. While Justice Kennedy and the conservative wing of the court may argue that this decision is meant to uphold free speech, the ramifications of their action will inhibit, not advance personal freedoms. Elections, from national to local races, will now be even more flooded with corporate money, destroying any sense of balance in campaigns between candidates with disparate corporate support. Indeed, the future guided by today's decision is one in which political contests will simply become proxy battles between corporations where candidates expressing popular will or hoping to reverse this trend will be shut out of the process entirely. Progressives have already expressed outrage at the court's action, Russ Feingold stated that the decision was "a terrible mistake" and that, “ignoring important principles of judicial restraint and respect for precedent, the Court has given corporate money a breathtaking new role in federal campaigns.” The heat is on for progressive organizations to pressure the court to reverse this decision and reinstate Austin v. Michigan Chamber of Commerce. If the decision remains, US politics will become much dirtier and our democratic system even more paralyzed.
by
Miles Kampf-Lassin
Member since:
November 24, 2009 Supreme Court Threatens Democracy with Campaign Finance Decision
January 21, 2010 02:06 PM UTC
(Updated: January 21, 2010 05:08 PM UTC)
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Comments: 17
Well FAUX News says they do.
Less than 500 very rich men control ALL news organizations in this country,
Radio, Television, Newspapers.
95% all AM radio stations controlled by one family, including the largest spanish speaking AM radio. (Clear Channel)
Here is the new way.
1. Buy a candidate
2. promote him on FAUX, CNN, CBS, NBC, ABC.
Newspapers are dead anyway, but are controlled by perhaps 3 dozen people.
They do not have to accept ads from "liberals" no matter how much a liberal candidate would be willing to pay.
If you own the information sources You own the game.
See how all that communications de-regulation worked. Perfectly.
The rich are not like you voting dummies, they are not going to do anything not in their own self interest, and will only act in ways to keep and increase their wealth.
I am not going to gain any joy from it, but I will watch all of you sputter and fade while you are overrun by cheap immigrant labor, reduced income, no power.
Watch Ivan jump with joy over the death of democracy.
All of the 'smaller government, fewer taxes' people are going to have a rude awakening when everything is truly privatized, when highways and other key infrastructure services are fully fee-based. Clean water is already a major global issue that is being ignored despite its privatization in other parts of the world. And, you're right, this decision has set us on that path.
Unbelievable.
CITIZENS UNITED v. FEDERAL ELECTION COMM’N
Syllabus
"Premised on mistrust of governmentalpower, the First Amendment stands against attempts to disfavor certain subjects or viewpoints or to distinguish among different speakers, which may be a means to control content. The Government may also commit a constitutional wrong when by law it identifies certain preferred speakers. There is no basis for the proposition that, in the political speech context, the Government may impose restrictions on certain disfavored speakers. Both history and logic lead to this conclusion. Pp. 20–25."
HA HA HA HA HA HA HA HA
Go ahead celebrate and kiss individual liberty good-bye forever.
The ruling does maintain the Tillman Act and therefore still bans direct contributions from corporations to candidates. However it does allow for organizations to tap their treasuries to promote candidates with no limit on spending. It also, as you point out, allows sponsored political ads to be run until elections take place, removing the 30 day rule. These changes will make elections going forward much more corporate dominated than ever before. The First Amendment is "premised on mistrust of governmental power" but that does not mean we must be any more trusting of corporate power.
And reality is.
Unions no longer have much power or money. He knows it.
He thinks a liberal, me, is as uninformed as that conservative/Republican voter base.
I don't believe your ACLU bit and I don't see how anyone can consider an organization a person.
Anyone, except the servants of power and money.
When FAUX tells them it is for free speech they, believe it.
But with all the broadcast and print organizations in the hands of a few very rich. Where is the freedom of speech?
James if the balance of money were not an issue this would not have been challenged.
The corporate / billionaire community is the source of most of this kind of propaganda.
So, the ruling doesn't say direct contribution. But do you really think someone/or an organization is going to spend the big bucks and not expect a pay-back?
My membership in the ACLU is due to the organization's support of personal freedom. I know that most people think of the ACLU as a politically "liberal" organization but my support is predicated on its fight for every individual's right to live his life free from government intrusion. The ACLU's support for this decision can be found here:
http://www.aclu.org/free-speech/citizens-united-v-federal-election-commission-aclu-amicus-brief
I don't really think this decision will have much of an effect on political spending by large corporations as they are much too risk averse to openly support one candidate and take the chance that their candidate will lose, resulting in the election of a candidate permanently prejudiced against them because of the corporation's support for the losing party. Corporations would prefer to donate to candidates rather than openly and publicly support or oppose one. Corporations constantly hedge their bets by contributing to both candidates in most elections. I understand your concern that the deep pockets of large corporations could be used to drown out competing viewpoints by the amount they could, if they wanted to, spend on advertising. I just don't think it's going to happen because corporations are simply too cowardly to take such an open position. They will spend on issue advertising, which they are already permitted to do, but not on direct support or opposition of a particular candidate.
Just my take on the issue. I always support more freedom of any kind rather than less.