Case
Citizens United v. Federal Election Commission (2010)
Chief Justice
John Roberts
BackgroundCitizens United made a documentary titled "Hillary: The Movie" to be released before the Democratic primaries of 2008. Initially it was ruled that the company couldn't advertise the film before the primaries due to the restrictions set in place by the Bipartisan Campaign Reform Act (BCRA) of 2002, more commonly known as the McCain-Feingold reform bill for its two sponsors. This was to restrict corporations from using their treasury funds to openly campaign for or against candidates in elections.
Synopsis
On the basis of the 1st Amendment, the court overruled two previous rulings (
Austin v. Michigan Chamber of Commerce (1990) and partially overruled
McConnell v. Federal Election Commission (2003)) and overturned the BCRA. The fact that they overruled other decisions was part of what made the decision a shock to many people. It seems laws on this topic go back nearly 100 years, starting when Theodore Roosevelt was president.
Vote & Dissenting Opinions
5-4
The conclusion of Justice Stevens, representing the dissenters (taken from the wikipedia page listed at the bottom of this post):
"At bottom, the Court's opinion is thus a rejection of the common sense of the American people, who have recognized a need to prevent corporations from undermining self government since the founding, and who have fought against the distinctive corrupting potential of corporate electioneering since the days of Theodore Roosevelt. It is a strange time to repudiate that common sense. While American democracy is imperfect, few outside the majority of this Court would have thought its flaws included a dearth of corporate money in politics."
Further DiscussionDoes this give more weight to corporations than to individual citizens (who are limited to ~$2300, if memory serves correctly)? Even if corporations are restricted from donating directly to candidates, it's not as if a candidate will be unaware of who's putting multiple campaign ads out for them, and remember that during their term. However, do corporations not also deserve freedom of speech? If laws are made in regards to how they can act, shouldn't they also have the ability to speak out about it? I know many would argue they'll fill the airwaves with misinformation and lies for their own benefit, but don't normal people do that also? We don't argue to take away freedom of speech from them.
What will be the role of foreign companies in this? President Obama mentioned in his State of the Union address that this may open the door to foreign companies to play a roll in our campaigns. I'm guessing the entire law was overturned, but could it still be applied to foreign companies? It's not as if they're covered in the Constitution.
Support for this seems to be based entirely on party lines (which obviously isn't surprising) with conservatives arguing it's a blow for free speech, and liberals saying it gives corporations too much power. While corporate power in many instances does give me pause, I think according to the letter of the law, this ruling is probably accurate and in the better long-term interests of American citizens. I don't think this can just be viewed as corporations buying TV commercials around election time, as the implications of it could be far more reaching.
References & Further Reading
http://en.wikipedia.org/wiki/Hillary:_The_Movie