Is Citizens United v. FCC really that bad?
In another polarizing Supreme Court decision, in the Citizens United vs. Federal Communications Commission, the court made some sense of a particular portion of McCain-Feingold — by striking it down as unconstitutional.
Please do not be confused by this ruling — especially if you listen to the left. It is not a a “major victory” for Big Oil, Wall Street banks and health insurance companies as President Obama may lead you to believe. This Supreme Court decision is just another last word on the issue of whether a corporation or union can run certain political ads endorsing or dismissing a particular candidates. The underlying action was commenced by Citizens United, a conservative non-profit, which tried to run a film critical of then-primary-candidate Hillary Clinton. Basically, the Supreme Court struck down the law prohibiting corporations and labor unions from funding certain political communication. Justice Anthony Kennedy wrote for the decision, and was joined in the majority with Chief Justice John Roberts, Justice Samuel Alito, Justice Antonin Scalia and Justice Clarence Thomas.
Bottom line: The First Amendment applies to “speech,” whether by an individual or by a corporation. How could it not? At its purest, a corporation is a pooling of individuals’ money with the advantage of limited liability (and the disadvantage of double taxation). Imagine a world where speech could be regulated (a.k.a. censored) if the speech came from a corporation. Last I checked, books and magazines are published by corporations; and well as television and film.
Does this mean that Big Oil, Wall Street banks and health insurance companies will immediately start emptying their bank accounts to run ads about Republican candidates? That seems doubtful. The actual provision rendered unconstitutional is only for corporations/unions that run ads, it does not strike the law that prohibits corporations to make contributions directly to candidates. Fear not leftists, unions can now run such ads and you still have your media and your PACs to dominate the airwaves.
Add comment January 28th, 2010
