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Posted Thursday, January 21, 2010 2:30 PM

Supreme Court Says Limitless, Independent Corporate Campaign Spending Is OK

Krista Gesaman

The Supreme Court reversed a century of campaign-finance law Thursday morning when it ruled that corporations, unions, and nonprofits should be allowed to pour their financial resources into presidential and congressional campaigns. The majority decision by Justice Anthony Kennedy and the rest of the Court’s conservative wing, said that corporations have First Amendment rights and should be able to engage in political speech. 

In the 5–4 ruling, the majority said that “political speech is so ingrained in this county’s culture that speakers find ways around campaign-finance laws. Rapid changes in technology—and the creative dynamic inherent in the concept of free expressioncounsel against upholding a law that restricts political speech in certain media or by certain speakers.” 

Today’s decision opens the door to limitless independent corporate spending. Corporations can pull together their financial resources to create television or radio commercials to support a political candidate. The ruling does not allow corporations to spend endless amounts of money on direct campaign contributions; money that would go specifically into the candidate's bank account to travel or produce campaign materials. As long as corporations don’t interact with a specific political campaign, they can directly buy ad time to support a candidate.

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For example, a wealthy corporation can’t approach a candidate and ask a candidate, “would you like a check, or would you like the corporation to purchase a television commercial supporting your position on foreign policy?” says Edward Foley, law professor at Ohio State University College of Law and director of the election law program. Under campaign-finance law, this situation would not be considered an independent expenditure because it is made in consultation with the campaign and is functionally the equivalent of a campaign contribution. 

This ruling has the ability to affect both state and federal election laws. The Court specifically wrote that corporations should have greater First Amendment freedoms, so even if a state law says that it doesn’t want corporations spending money on the governor’s election, today’s decision would invalidate that ban.

Justices Stevens, Ginsburg, Breyer, and Sotomayor dissented. In their dissent, written by Stevens, the minority expressed its concern with increased corruption in politics. Stevens implied that big money can breed corruption, and the fact that the majority never addressed corporate corruption in its opinion makes him concerned. In a hearing today, Stevens said that corporations should not be given the same level of First Amendment protection for one simple reasonthey aren’t human. Corporations don’t vote or run for political office, so they shouldn’t be placed on the same level as a U.S. citizen.

Last week, the Gaggle playfully mused that the outcome of this case could affect large-scale events, like the Super Bowl. Corporations have deep pockets to purchase expensive advertising spots like the coveted Super Bowl commercials. Now that the floodgates have opened for businesses to spend money on federal and presidential campaigns, our prediction might soon be reality. 

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Member Comments

Posted By: RKolk (January 21, 2010 at 4:06 PM)

The Roberts Court may finally have woken up Americans to the asault on our democracy.

Two new coalitions announced today to overrule the Roberts Courts' assault on democracy : http://www.citizensamendment.org/ and http://movetoamend.org (via http://bit.ly/5DSVFg).


Posted By: shpgrl (January 21, 2010 at 3:44 PM)

What is going to happen next is hard to believe - special interest will protect those who keep them loose in violating health and safety regulations in pursuit of large and easy profits. Ordinary Americans are totally screwed. More cancers, more death - no one will be accountable for these crimes. Right wingers and tea baggers will be ruling forever. Many dissent people will flee the country for good.


Posted By: NewsWkDickG (January 21, 2010 at 3:32 PM)

The following are rational and objective observations which people can either recognize or ignore.

* The current severe problems were not caused in the last year by the Democrats or by the Obama administration.

* Some of the problems have been building for several years, over multiple administrations and the Bush-Cheney administration, with an irresponsible total focus on a private agenda to benefit the Special Interests who strongly supported them and with the full and stubborn support of the Republican Party, brought the problems to a crisis point.

* The Obama administration has made efforts in several areas yet they have made only minimal progress to resolve the economic problems that represent the major concern for most people and their concentration on HealthCare Reform, while important, is a real misplaced priority.

* The Republicans have been grossly irresponsible in being self-servingly totally focused on their political interests and belligerently faulting and stubbornly blocking/obstructing every effort regardless of the costs/value.

* Any initial efforts at bipartisan cooperation to resolve the problems were minimal and quickly frustrated and dropped with both sides blaming the other.

* The Democrats are too focused on their liberal issues and then neglect to properly prioritize the significant concerns of the majority, the middle-class.

* The Republicans are too focused on placating and patronizing Special Interests and the influential, powerful and wealthy few who strongly support them, while just depending on creative appeals to people's fears and biases to manipulate public opinion.

* While it is highly desirable and really much needed to achieve real political reform, to get money out of politics, the Supreme Court has just gone in the opposite direction and made it very likely that we will see a lot more money pored into politics with the result being that all politicians will now become obligated for their survival to the big money people.

People can ignore and/or rationalize all of this but the truth just won't go away and it is that the vast majority, middle-class with upper middle-class included, are being literally taken for granted and have been loosing substantial ground for many years. It could have been helpful to have more Independents or even a strong third party focused on really representing the average American but that now is totally a remote possibility. We can argue points and values but the reality is that the people have little, if any, control. Good luck!